THE  CONTEST  FOR  CALIFORNIA  IN  1861 

HOW  COLONEL  E.  D.  BAKER  SAVED  THE 
PACIFIC  STATES  TO  THE  UNION 


THE 

CONTEST  FOR  CALIFORNIA 
IN  1861 

HOW  COLONEL  E.  D.  BAKER  SAVED  THE 
PACIFIC  STATES  TO  THE  UNION 

BY 

ELIJAH  R.  KENNEDY 

ll 

WITH   ILLUSTRATIONS 


BOSTON  AND  NEW  YORK 
HOUGHTON  MIFFLIN  COMPANY 

fttesibc  pretfs  Cambridge 
1912 


L  A- 


COPYRIGHT,   I9H,   BY  ELIJAH  R.   KENNEDY 
ALL   RIGHTS   RESERVED 

Published  April  iqia 


TO  MY  OLD  MATES 
OF  MILWAUKEE   HIGH  SCHOOL 
AND  MILWAUKEE  UNIVERSITY 

THOUGH  BOTH  INSTITUTIONS 

HAVE  CEASED  TO  EXIST 

THEIR  NAMES  REVIVE  THE  JOYS  OP 

THE  GOLDEN  AGE 


241199 


PREFACE 

A  PROFESSOR  in  one  of  our  leading  universities,  said 
a  New  York  paper  I  received  one  day  at  my  hotel 
in  London,  —  I  quote  from  memory,  certain  that 
I  do  not  quote  literally,  —  visiting  Washington,  in 
one  of  the  interesting  rooms  of  the  Capitol  came 
upon  a  marble  statue  inscribed  "Baker."  Where 
upon —  so  the  story  ran — this  learned  professor 
—  young,  I  dare  say,  probably  familiar  with  the 
names  of  the  heroes  of  the  Peloponnesian  War  - 
asked,  "Who  was  Baker  ?  What  did  he  do  to  get  in 
here  ?  "  These  questions  prompted  me  to  write  this 
book. 

But,  years  before  our  learned  professor  asked  his 
questions  I  had  reflected  that  those  of  us  who  knew 
General  Baker,  who  came  under  the  spell  of  his 
incomparable  charm,  and  who  retain  recollections 
of  his  power  and  influence  and  achievements,  are 
becoming  few;  and  if  one  of  us  is  to  enlighten 
the  professor  —  and  others  no  better  informed  —  it 
must  be  done  soon.  I  wish  some  one  better  qualified 
than  I  had  undertaken  the  task.  To  write  the  his 
tory  of  an  important  episode  is  —  being  a  plain 
business  man  I  will  venture  to  use  a  business  man's 
expression  and  say,  "out  of  my  line."  However,  I 
feel  that  what  I  have  done,  though  poorly,  would 
better  be  done  poorly  than  not  at  all.  The  defects 
in  my  book  will  be  apparent  to  the  few  who  shall 


viii  PREFACE 

read  it.  Those  few  may  not  all  be  aware,  as  I  am, 
of  how  much  more  might  have  been  brought  in. 
Still,  I  trust  I  have  put  together  enough  to  prove 
x— -"that  the  story  of  the  secessioji--GOJispiracy_on  the 
Pacific  Coast  deserved  to  be  told.  And  until  some 
one  tells  it  better,  let  this  stand.  I  shall  be  gratified 
if  I  have  done  something  to  rescue  from  an  un 
merited  oblivion  the  name  of  Edward  D.  Baker,  - 
as  gentle  and  pure  and  unselfish  and  generous  and 
eloquent  and  valiant  a  man  as  ever  cheerfully  gave 
his  life  for  a  noble  cause. 

A  precious  little  book  entitled  "Sketch  of  the 
Life  and  Public  Services  of  Edward  D.  Baker," 
written  and  published  by  Joseph  Wallace  (Spring 
field,  Illinois,  1870),  must  always  be  the  main 
source  of  knowledge  of  the  events  of  General 
Baker's  career,  especially  of  his  early  life.  I  have 
borrowed  from  it  freely.  I  have  also  made  much 
use  of  Hubert  Howe  Bancroft's  History.  I  have  not 
always  used  quotation  marks  because  I  have  gener 
ally  preferred  to  condense  statements  or  slightly 
alter  expressions.  Scrapbooks  which  I  made  while 
the  stirring  occurrences  herein  described  were  being 
daily  reported  in  the  newspapers  have  been  of  serv 
ice;  but  I  have  not  relied  implicitly  on  scrapbooks. 
I  have  been  aided  by  Winfield  J.  Davis,  of  Sac 
ramento,  recently  deceased,  and  my  old  friend 
William  H.  Fleming,  of  Philadelphia,  in  collecting 
and  verifying  facts.  In  that  matter  I  am  under 
many  obligations  to  Miss  Carrie  Baker  Hopkins, 
of  Seattle,  a  granddaughter  of  General  Baker. 


PREFACE  ix 

I  am  reminded  —  of  what  is  purely  a  coincidence 
—  that  I  am  writing  this  preface  on  the  Fiftieth 
Anniversary  of  the  death  of  General  Baker  on  the 
battlefield  of  Ball's  Bluff. 

E.  R.  K. 

BROOKLYN,  NEW  YORK, 
21st  October,  1911. 


CONTENTS 

CHAPTER  I 

Social  and  industrial  conditions.  The  mines.  High  prices.  The 
Fandango.  Gambling.  Women  scarce.  A  discriminating 
highwayman.  Free  circus  and  a  senatorship.  A  Fourth  of 
July  affray.  Crime  unpunished.  Change  of  venue  by  act  of 
legislature.  The  Great  Vigilance  Committee.  A  Chief 
Justice  arrested .1 

CHAPTER  H 

Political  conditions.  Oppressed  or  neglected  by  the  Govern 
ment.  Orderly  anarchy.  Disunion  a  familiar  idea.  Ad 
mitted  as  State 23 

CHAPTER  HI 

David  C.  Broderick.  His  character  and  career.  Fire  laddie  and 
Senator.  Snubbed  by  President.  Exciting  incident  with 
Douglas.  Killed  in  duel.  Tributes  from  Crittenden 
and  Seward.  Colonel  Baker's  beautiful  oration  .  .  .32 

CHAPTER  IV 

Inklings  of  secession.  Early  moves  in  the  game.  Senator  Gwin 
for  the  South.  Conditions  like  those  in  the  South.  Disturb 
ance  of  a  political  meeting.  Congressional  delegation  dis 
loyal.  "Doctor  Gwin,  you  are  a  liar."  Election  in  1859. 
State  officers  disloyal 64 

CHAPTER  V 

Gwin's  work.  Albert  Sidney  Johnston  put  in  command  on  the 

coast.   Texas  infamy  to  be  repeated  in  California     .        .    79 

CHAPTER  VI 

If  the  coast  had  seceded !  .Gwin  and  Baker  go  to  Washington  .    85     \ 


xii  CONTENTS 

CHAPTER  VH 

Edward  D.  Baker.  "  One  of  the  most  remarkable  men  of  modern 
times."  Characteristics.  Frontiersman,  in  Indian  war, 
legislator,  lawyer.  Six  United  States  Senators  in  one  case. 
Poems  by  Baker.  Lincoln  defends  Baker  against  mob. 
Beats  Lincoln  for  nomination.  Congressman.  Colonel  in 
Mexican  War.  Gallantry  at  Cerro  Gordo.  Speaks  in  Con 
gress  in  uniform 88 

CHAPTER  VIH 

Baker's  successes.  In  politics  in  three  states.  In  Congress  again. 
Speeches  in  Congress.  Averts  a  duel.  Favors  Moses  H. 
Grinnell's  search  for  Sir  John  Franklin.  Speech  on  death  of 
President  Taylor.  Superintends  building  of  Panama  Rail 
road.  Moves  to  California.  Leaders  of  San  Francisco  Bar. 
Baker  preeminent.  Gold  escaped  up  chimney.  Cora  case. 
Old  slanders  denounced.  The  Atlantic  Cable  address. 
Stump  speech  among  miners.  Mixed  meeting  in  Marys- 
ville.  Zack  Montgomery  politely  rebuked.  Baker  called 
"The  Gray  Eagle."  Departs  to  Oregon  .  .  .  .106 

CHAPTER  IX 

Slaves  in  Oregon.  State  sovereignty  and  secession  propaganda. 
Disloyal  "Joe"  Lane.  Letter  from  Abraham  Lincoln.  A 
broken  quorum  restored.  Baker  returns  a  Senator.  Veni, 
Vidi,  Vici.  Exultation  in  San  Francisco.  An  extraordinary 
meeting.  "The  greatest  speech  ever  delivered  in  Cali 
fornia."  Oregon  and  California  won  for  Lincoln  by  Baker's 
eloquence 136 

CHAPTER  X 

Presentation  to  Senator  Baker.  In  the  Senate.  Baker's  appear 
ance.  Sumner,  Blaine,  and  Kelly  on  Baker.  Visits  Lincoln 
in  Springfield.  The  Age  of  oratory  that  preceded  the  Age  of 
wood  pulp.  Baker  the  orator  of  the  Senate.  Replies  to  Mr. 
Benjamin.  Patriotic  course  in  Senate.  The  tariff  on  wool. 
Douglas  holds  Lincoln's  hat.  Baker  introduces  Lincoln  at 
inauguration  .  .  . 162 


CONTENTS  xiii 

CHAPTER  XI 

Silence  and  errors  of  historians.  War  conditions  in  California. 
Secessionist  efforts.  California  appointments:  scene  at  the 
White  House.  Baker's  influence  obvious.  General  Sumner 
sent  to  supersede  General  Johnston.  The  crisis  past.  Baker 
had  saved  the  coast  from  secession  .....  194 


CHAPTER 

Conditions  on  the  coast.  Seditious  demonstrations.  Sumner's 
energetic  measures.  Activity  of  Regular  Army  forces.  Bear 
Flag  flaunted.  Captain  Hancock  at  Los  Angeles.  San 
Francisco  alarmed.  Sixteen  thousand  Knights  of  the 
Golden  Circle.  Disloyal  attempts  at  piracy.  Republicans 
elect  a  governor.  Nevada,  Oregon,  and  Arizona  imperiled. 
Laconic  orders  of  the  Commanding  General.  Sumner  sails 
for  the  East.  Gwin  and  other  traitors  on  same  steamer. 
Arrested:  throw  overboard  evidences  of  their  treason. 
Colonel  Wright  succeeds  to  command  ....  209 

CHAPTER  XHI 

Baker  in  Thirty-seventh  Congress.  Ardent  support  of  Adminis 
tration.  His  foresight.  Anticipates  solution  of  Reconstruc 
tion  problems.  Defeats  a  conference  committee  report.  Re 
plies  to  John  C.  Breckinridge,  in  military  uniform.  "In  the 
history  of  the  Senate  no  more  thrilling  speech  was  ever 
delivered."  Appointed  brigadier-general.  Declines  .  .  230 

CHAPTER  XIV 

The  loyal  revival  in  California.  Early  work  for  the  Union.  T.  .  —  . 
Starr  King  the  voice  of  patriotism.  His  journeyings.  Com 
panies  of  disloyal  men  start  East.  Pacific  Coast  volunteers 
relieve  Regulars  of  all  garrison  duty.  Munificent  gifts  to 
Sanitary  Commission.  Prompt  payment  of  Federal  War 
Tax.  Bret  Harte's  expression  ......  241 

CHAPTER  XV 

Beginning  of  hostilities.  Baker  speaks  at  Union  Square  meeting 
in  New  York.  A  brigade  raised  for  him.  Experiences  in 


xiv  CONTENTS 

camp  and  field.  Prompt  response  to  McClellan's  order  to 
move  his  brigade  to  Washington.  Romantic  incident. 
"The  Defunct  Paymaster."  Under  fire.  Joins  General 
Stone's  division 255 

CHAPTER  XVI 

Battle  of  Ball's  Bluff.  Death  of  Baker.  A  major-general  by 
President  Lincoln's  appointment.  Tributes  to  Baker's 
memory.  Charles  Sumner  calls  him  "Prince  Rupert  of 
Battle  and  Debate."  Senator  McDougall's  splendid 
speech.  Arrest  of  Stone 268 

CHAPTER  XVII 

Grief  on  the  coast.  Tidings  of  Baker's  death  read  from  stage  by 
Edwin  Booth.  First  news  dispatch  from  East  by  overland 
telegraph.  Memorial  services  in  many  places;  in  Portland; 
in  San  Francisco.  Edward  Stanly's  oration.  Starr  King's 
address.  An  unfulfilled  pledge 284 

APPENDIX 

I.    SENATOR    BAKER'S    SPEECH    IN    REPLY    TO    SENATOR 

BRECKINRIDGE  .        .  295 

II.    RESPONSIBILITY  FOR  THE  DISASTER  AT  BALL'S  BLUFF: 

AN  EXCURSUS 306 

III.   BITTERNESS  OF  CALIFORNIA  DISLOYALISTS  —  LETTER  OF 

JAMES  R.  MORSE 340 

AUTHORITIES  REFERRED  TO 343 

INDEX  345 


ILLUSTRATIONS 

COLONEL  EDWARD  D.  BAKER  (p.  165).     Photogravure. 

Frontispiece 

WILLIAM  M.  GWIN 28 

DAVID  COLBRITH  BRODERICK .64 

From  Nicolay  and  Hay's  "  Abraham  Lincoln,"  published 
by  The  Century  Co. 

ABRAHAM  LINCOLN 100 

After  a  portrait  taken  from  life  by  Charles  A.  Barry  in 
Springfield,  Illinois,  June,  1860. 

THOMAS  STARR  KING 170 

MAJOR-GENERAL  EDWIN  V.  SUMNER  .212 


THE  CONTEST  FOR  CALIFORNIA 
IN  1861 

HOW  COLONEL  E.  D.  BAKER  SAVED  THE 
PACIFIC  STATES  TO  THE  UNION 

CHAPTER  I 

SOCIAL  AND   INDUSTRIAL   CONDITIONS 

I  PROPOSE  to  describe  the  secession  movement  on 
the  Pacific  Slope,  and  to  show  how,  mainly  through 
the  efforts  and  influence  of  Edward  D.  Baker,  the 
plot  to  involve  California,  Oregon,  and  contiguous 
territories  with  the  South,  in  1861,  was  frustrated 
and  the  Pacific  Coast  was  saved  to  the  Union. 

Social  and  industrial  conditions  on  the  Pacific 
Slope,  especially  in  California,  were  unlike  any  that 
had  ever  been  known  in  this  country.  Bancroft 
declares  that  society  in  California  was  "a  gathering 
without  a  parallel  in  history."  *  It  was  a  commu 
nity  of  young  men,  effective  for  action  but  lacking 
the  proverbial  wisdom  that  develops  only  with  the 
passing  of  years.  There  was  an  extensive  represen 
tation  of  nationalities,  —  more  so,  even,  than  in 
New  York;  among  many,  ignorance  of  American 
institutions  and  ideas  of  government  and  entire 

1  Bancroft,  vol.  VI,  p.  221. 


g.-:-:;:;TI?E  CONTEST  FOR  CALIFORNIA 

absence  of  sympathy  with  American  principles  in 
religion  and  politics.  Previous  to  the  Civil  War 
most  manufactured  articles  were  brought  from  the 
East,  and  there  was  but  little  of  the  sort  of  indus 
trial  population  that  grows  up  in  manufacturing 
towns  and  is  anchored  to  its  comfortable  cottages. 
Soil  and  climate  were  as  favorable  to  agriculture 
and  horticulture  as  the  soil  and  climate  of  any  state 
in  the  Union;  yet  the  prosperity  of  the  state  was  not 
based  on  its  crops,  as  was  the  prosperity  of  Wis 
consin,  Minnesota,  and  Iowa,  frontier  states  of  the 
same  period.  The  men  of  New  York  and  New 
England  who  settled  in  the  Northwest  were  the 
most  enterprising  of  the  communities  from  which 
they  journeyed  forth.  The  ranchmen  of  California 
were  the  boldest  of  the  enterprising.  They  had 
come  from  the  farms  of  the  East,  the  planta 
tions  of  the  South,  and  in  many  cases  from  the 
prairies  of  the  Northwest.  In  California  they  inhab 
ited  ranches.  The  very  name  indicated  a  changed 
environment  and  suggested  fiery  mustangs,  dash 
ing  vaqueros,  and  other  novel  Spanish  or  Mexican 
features.  The  pioneers  of  the  Northwest  had  their 
adventures  by  land  and  lake  and  river.  The  Cali- 
fornians  had  ten  times  as  great.  They  sailed  in 
cockleshells  over  two  vast  oceans,  cut  their  peril 
ous  way  through  the  deadly  thickets  of  Panama 
and  Nicaragua,  weathered  the  boisterous  Horn,  or 
dragged  for  months  across  "the  Plains"  and  over 
snow-capped  mountains.  Many  of  them,  ship 
wrecked  on  the  coast  of  Mexico,  subsisted  on  roots 


SOCIAL  AND  INDUSTRIAL  CONDITIONS    3 

and  wild  fruit  for  weeks  while  they  trusted  the 
guidance  of  the  North  Star  as  they  forced  their 
weary  bodies  toward  their  El  Dorado.  The  emigrant 
to  the  Northwest  was  accustomed  to  work  and 
inured  to  hardship.  The  California  pioneer  was 
experienced  and  developed  in  adventure.  If  a  man 
had  been  "queer"  or  eccentric  in  the  East  his 
peculiarity  was  apt  to  run  wild  in  the  new  com 
munity.  The  spirit  of  the  country  washed  by  the 
Mississippi  was  industry  and  contentment.  The 
essence  of  California  was  a  combination  of  muta 
bility  and  recklessness.  Cities  were,  to  superficial 
appearance,  like  cities  in  other  pioneer  states. 
Churches  flourished,  —  more  generally,  I  should 
say,  than  they  do  at  present.  Schools  were  fairly 
well  conducted.  Newspapers  treated  coast  affairs 
with  talent,  and  in  some  instances  displayed  genius; 
but  they  were  entirely  without  the  advantages  of 
telegraphic  communication  with  the  world  outside, 
and  they  depended  for  exchanges  on  the  mails  that 
only  once  a  fortnight  came  in  the  paddle-wheel 
wooden  steamers  that  slowly  ploughed  their  way  up 
from  Panama.  Eastern  newspapers  often  sold  for  a 
dollar  each  on  their  arrival;  those  that  brought  the 
tidings  that  California  had  been  admitted  to  the 
Union  as  a  state  were  snatched  up  at  five  dollars. 
Banks  were  frequently  unstable  —  to  the  advan 
tage  of  lawyers.  Bench  and  bar  compared  favorably 
with  the  legal  profession  in  any  state  of  the  Union. 
Theatres  were  no  worse  than  they  were  in  the  East 
ern  States,  and  Forrest,  Booth,  Matilda  Heron,  and 


4         THE  CONTEST  FOR  CALIFORNIA 

other  stars  sometimes  appeared.  Libraries  were 
growing.  Hospitals  were  established.  The  main 
roads,  highways  of  the  California  Stage  Company 
and  the  great  freight  wagons,  were  good.  But  the 
result  of  the  infrequency  of  the  mails  and  of  the 
entire  absence  of  telegraphic  communication  with 
other  states  and  countries  was  the  creation  of  a 
feeling  of  remoteness  and  separateness. 

There  was  another  element,  —  one  never  seen  in 
"the  States," — the  miners;  an  element  that  did 
not  settle  down  in  one  place  to  cultivate  the  arts 
and  embellishments  of  civilized  life;  that  was  but 
little  hampered  with  impedimenta  in  the  way  of 
families  or  property;  that  received  the  report  of  a 
"strike"  of  "pay  dirt"  one  day,  gathered  its  few 
utensils,  and  the  next  morning  "vamoosed"  and 
moved  to  the  new  "diggings."  A  writer  of  early 
days,  a  chaplain  of  the  United  States  Navy,  who 
spent  some  time  in  the  diggings,  says :  "I  have  never 
met  with  one  who  had  the  strength  of  purpose  to 
resist  these  roving  temptations.  He  will  not  swing  a 
pick  for  an  ounce  a  day  with  the  rumor  of  pounds 
ringing  in  his  ears.  He  shoulders  his  implements  to 
chase  this  phantom  of  hope."  1  Many  miners  were 
of  the  best  men  of  Eastern  and  Southern  com 
munities;  many  were  of  the  worst.  Here  they 
delved  side  by  side  in  unavoidable  intimacy.  By 
day  they  worked  in  gravel  or  stood  in  cold  and 
muddy  water.  By  night  they  reposed  on  hard  beds 
sheltered  in  ragged  tents,  or  "bunked"  by  scores  in 

1  Three  Years  in  California,  p.  292. 


SOCIAL  AND  INDUSTRIAL  CONDITIONS    5 

rickety  cabins.  They  performed  their  ablutions  at 
the  same  pump,  ate  poor  food  that  had  been  badly 
cooked,  and  existed  without  any  of  the  luxuries  or 
comforts  to  which  they  had  been  accustomed.  The 
Reverend  Walter  Col  ton,  from  whom  I  just  quoted, 
mentions  prices  and  the  quality  of  food.  "We  pay 
at  the  rate  of  $400  a  barrel  for  flour;  $4  a  pound  for 
poor  brown  sugar;  and  $4  a  pound  for  indifferent 
coffee.  And  as  for  meat,  there  is  none  to  be  got 
except  jerked  beef,  which  is  the  flesh  of  the  bul 
lock  cut  into  strings  and  hung  up  in  the  air  to 
dry,  and  which  has  about  as  much  juice  in  it  as 
a  strip  of  bark  dangling  in  the  wind  from  a  dead 
tree."  J 

The  historian  Hittell  says :  "The  character  of  the 
population  was  peculiar.  It  was  composed  almost 
exclusively  of  men  —  usually  young,  vigorous,  and 
adventurous.  There  was  a  roughness  about  the 
kind  of  life  they  were  compelled  to  lead,  the  cloth 
ing  they  were  compelled  to  wear,  and  the  food  they 
were  compelled  to  eat,  which  soon  told  upon  them. 
There  was  a  sort  of  recklessness  and  abandon  that 
became  common  and  characteristic,  while,  at  the 
same  time,  helpfulness  and  generosity  and  a  dis 
position  to  be  accommodating  were  encouraged. 
Every  one  went  armed;  no  one  was  willing  to  sub 
mit  to  much  imposition  or  imagined  wrong;  life  and 
limb  were  cheap ;  but  at  the  same  time  there  was  an 
undercurrent  of  kindness  which  developed  into  a 
sort  of  chivalry,  of  sympathy,  characteristic  of  the 

1  Three  Years  in  California,  p.  279. 


6         THE  CONTEST  FOR  CALIFORNIA 

so-called  diggings  alone.  The  typical  miner  was  a 
large,  strong,  physically  perfect  man,  with  long  hair 
and  uncut  beard,  a  slouch  hat,  woolen  shirt,  coarse 
pantaloons  stuck  inside  the  legs  of  long,  heavy, 
hobnailed  boots  and  supported  at  the  waist  with  a 
leathern  belt  to  which  were  slung,  ready  for  instant 
use,  a  revolver  and  a  bowie  knife.  Airs  and  pre 
tensions  were  his  abomination;  and  this  feeling  was 
carried  so  far  that,  though  refined  and  respectable 
at  heart,  he  set  what  ordinarily  passes  for  refine 
ment  at  defiance.  His  talk  was  laconic  and  di 
rectly  to  the  point;  but  he  emphasized  it  with  oaths. 
He  played  cards;  broke  the  Sabbath;  was  always 
ready  for  a  carouse;  and  despised  the  very  name  of 
restraint.  He  exhibited  the  same  tendency  in  the 
names  which  he  gave  and  by  which  various  of  the 
mining-camps  were  popularly  known.  Among  these 
were  such  as  Whiskey  Bar,  Brandy  Gulch,  Poker 
Flat,  Seven-up  Ravine,  Git-up-and-Git,  Gospel 
Swamp,  Gouge-Eye,  Ground  Hog's  Glory,  Blue- 
Belly  Ravine,  Loafer's  Retreat,  Petticoat  Slide, 
Swell -Head  Diggings,  Nary  Red,  Hang -Town, 
Shirt-Tail  Canon,  Red-Dog,  Coon  Hollow,  Skunk 
Gulch,  Piety  Hill,  and  Hell's  Delight."  *  Equally 
humorous  and  disrespectful  were  many  of  the  ap 
pellations  applied  to  persons  as  substitutes  for  the 
names  they  had  brought  with  them  —  as,  Sandy 
Pete,  Long-legged  Jack,  and  Dutchy.2 

Mr.  Colton,  who  had  been  detailed  to  act  as 

1  Hittell  (San  Francisco,  1885),  vol.  n,  pp.  735,  736. 

2  Bancroft,  vol.  vi,  p.  228. 


SOCIAL  AND  INDUSTRIAL  CONDITIONS    7 

alcalde  of  Monterey,  left  his  office  to  a  subordi 
nate  for  a  time,  and  who,  as  has  just  been  stated, 
"roughed  it"  in  the  panoply  of  a  miner,  had  a  less 
favorable  opinion  of  the  class.  Writing  in  his  diary 
on  the  eighth  of  November,  1848,  while  the  reali 
ties  of  mining  were  all  about,  he  says:  — 

"  Some  fifty  thousand  persons  are  drifting  up  and 
down  these  slopes  of  the  great  Sierra,  of  every  hue, 
language,  and  clime,  tumultuous  and  confused  as  a 
flock  of  wild  geese  taking  wing  at  the  crack  of  a  gun, 
or  autumnal  leaves  strewn  on  the  atmospheric  tides 
by  the  breath  of  the  whirlwind.  All  are  in  quest 
of  goldj  and  with  eyes  dilated  to  the  circle  of  the 
moon,  rush  this  way  and  that  as  some  new  dis 
covery  or  fictitious  tale  of  success  may  suggest. 
Some  are  with  tents  and  some  without;  some  have 
provisions  and  some  are  on  their  last  ration;  some 
are  carrying  crowbars,  some  pickaxes  and  spades; 
some  washbowls  and  cradles;  some  hammers  and 
drills;  and  powder  enough  to  blow  up  the  Rock 
of  Gibraltar.  .  .  . 

"But  I  was  speaking  of  the  gold-hunters  here 
on  the  slopes  of  the  Sierra.  Such  a  mixed  and  mot 
ley  crowd  —  such  a  restless,  roving,  rummaging, 
ragged  multitude  —  never  before  roared  in  the 
rookeries  of  man.  As  for  mutual  aid  and  sympathy 
—  Samson's  foxes  had  as  much  of  it,  turned  tail  to, 
with  firebrands  tied  between.  Each  great  camping- 
ground  is  denoted  by  the  ruins  of  hovels  and  shan 
ties,  the  bleaching  bones  of  the  dead,  disinhumed 
by  the  wolf,  and  the  skeleton  of  the  culprit  still 


8         THE  CONTEST  FOR  CALIFORNIA 

swinging  in  the  wind  from  the  limb  of  a  tree,  over 
shadowed  by  the  raven."  1 

Once  in  a  while  human  nature  demanded  enter 
tainment,  and  "the  boys"  danced  to  the  invigorat 
ing  strains  of  the  fiddle,  bewhiskered  men  swinging 
around  heavily  booted  other  men  for  partners. 
Whatever  taste  for  dancing  the  immigrants  had 
brought  with  them  from  the  States  was  enhanced 
by  association  with  the  natives,  especially  the 
senoritas.  Chaplain  Colton  declares  that  "the 
dance  and  a  dashing  horse  are  the  two  objects 
which  overpower  all  others  in  interest  with  the 
Californians."  2  He  mentions  meeting  a  native 
when  an  American  force  had  taken  possession  of 
Monterey:  "I  met  a  Calif ornian  to-day  with  a 
guitar  from  which  he  was  reeling  off  a  merry  strain, 
and  I  asked  him  how  it  was  possible  he  could  be  so 
light-hearted  while  the  flag  of  his  country  was  pass 
ing  to  the  hands  of  the  stranger.  'Oh,'  said  the 
Calif  ornian,  'give  us  the  guitar  and  a  fandango  and 
the  Devil  take  the  flag.'"  3 

Hittell  describes  a  fandango  at  the  Russian  farm 
of  Knebnikoff :  "The  occasion  was  the  Saint's  Day 
of  Helene  de  Rotschoff,  wife  of  the  Russian  com- 
andante.  A  party  of  about  thirty  persons,  male  and 
female,  started  in  the  morning,  rode  all  day,  and  in 
the  evening  arrived  at  their  destination;  there  they 
danced  all  night,  all  the  next  day,  and  all  the  fol 
lowing  night;  and  the  following,  or  third  day,  at 

1  Three  Years  in  California,  pp.  314,  315.          »  Ibid.,  p.  191. 

2  Ibid.,  p.  20. 


SOCIAL  AND  INDUSTRIAL  CONDITIONS    9 

sunup,  they  started  on  the  journey  back  home  again. 
The  distance  ridden  in  this  instance,  counting  both 
ways,  was  some  eighty  or  one  hundred  miles;  but 
for  a  dance  lasting  several  days  it  was  regarded  an 
easy  thing  to  go  one  hundred  leagues  or  more.1 

Letters  from  the  States  were  a  month  old  when 
they  arrived.  There  was  as  yet  no  delivery  of  mails. 
In  San  Francisco  the  line  at  the  post-office  began  to 
form  the  day  before  the  steamer  was  signaled  from 
Telegraph  Hill.  Places  well  forward  fetched  a  hun 
dred  dollars  or  more.  By  the  time  the  pouches  were 
received  at  the  post-office  the  assemblage  of  expect 
ant  men,  women,  and  children  stretched  out  for 
more  than  half  a  mile.  If  left  in  the  mail  letters 
usually  reached  the  mines  in  three  or  four  days. 
Wells,  Fargo  &  Co.,  who  for  years  competed  with 
the  Government,  could  be  relied  on  to  deliver  let 
ters  a  day  earlier.  But,  often,  when  mail  arrived  at 
its  destination  the  persons  addressed  were  gone,  — 
"prospecting"  or  "trying  their  luck"  elsewhere. 
Thus  men  became  isolated ;  home  ceased  to  exercise 
its  blessed  restraints,  and  the  pure  influences  of 
the  family  were  weakened  or  altogether  lost.  Men 
became  negligent  of  dress  —  of  everything.  The 
common  apparel,  as  Hittell  relates,  was  a  pair  of 
boots  that  extended  above  the  knee,  a  pair  of 
trousers  tucked  into  the  boots,  a  rough  flannel 
shirt,  and  a  broad-brimmed,  soft  felt  hat.  A  man  in 
a  mining-camp  possessed  of  a  white  linen  shirt  was 
often  asked  for  the  loan  of  his  "boiled  shirt"  to 

1  Hittell  (1885),  vol.  n,  p.  507. 


10        THE  CONTEST  FOR  CALIFORNIA 

grace  some  social  occasion.  The  emigrant  to  Wis 
consin  kept  a  shotgun  or  rifle  to  bring  down  game 
as  food  for  his  family.  The  California  miner  car 
ried  his  pistol  to  shoot  any  man  who  tried  to 
"jump"  his  "claim,"  who  cheated  him  at  cards, 
or  who  questioned  his  veracity.  What  with  the 
absence  of  the  natural  refining  elements  of  civil 
ized  society,  the  craze  for  gold,  so  often  ending  in 
embittering  disappointment,  and  the  depression 
caused  by  the  prevailing  chills  and  fever,  men  ac 
cepted  solace  in  whatever  form  offered,  — the  flow 
ing  bowl,  the  gambling-den,  and  the  company  of 
lewd  women. 

Hittell  refers  at  some  length  to  the  prevalence  of 
gambling.  Describing  the  convention  which  met  to 
form  the  state  constitution,  he  refers  to  the  pro 
posal  to  prohibit  lotteries  and  the  sale  of  lottery 
tickets.  Delegate  Price  opposed  the  prohibition  as 
impolitic,  and  said:  "The  people  of  California  were 
essentially  a  gambling  people  and  it  was  no  use  to 
endeavor  to  deny  it.  Every  public  house  had  its 
faro  and  its  monte  tables,  licensed  by  law  wherever 
there  was  any  law.  These  tables  were  constantly 
crowded.  Were  lotteries  more  immoral  than  such 
establishments?  Had  any  of  the  gentlemen  who 
cast  up  their  hands  in  horror  of  lotteries  denounced 
gambling  to  their  constituents?" 

Delegate  Halleck  (afterwards  the  noted  major- 
general)  said  that  "though  the  people  might  be 
a  gambling  community  it  was  not  well  to  create  a 
gambling  state." 


SOCIAL  AND  INDUSTRIAL  CONDITIONS    11 

Delegate  Moore  opposed  prohibiting  lotteries 
because  "he  was  in  favor  of  the  broad  and  general 
principles  of  religious  freedom ! "  1 

The  prohibition  was  finally  incorporated  in  the 
constitution;  but  ten  years  later  I  should  say  that 
every  form  of  gambling,  except  the  prohibited  lot 
tery,  was  as  common  as  the  licensed  sale  of  drink. 

But  —  and  here  the  cities  felt  an  influence  that 
differentiated  them  from  Eastern  cities  —  the 
miner's  great  reaction  from  his  hard  and  cheerless 
life  was  in  an  occasional  trip  to  some  city  -  -  best  of 
all  to  "The  Bay."  His  money  was  "gold  dust," 
which  was  kept  in  buckskin  bags  and  weighed  out 
for  payment  on  the  basis  of  sixteen  dollars  for  the 
ounce.  He  had  come  to  town  for  a  spree,  and  he 
was  accommodated  with  entertainment  of  all  sorts 
-  except  good  sorts  —  as  long  as  his  dust  held  out. 
To  meet  the  demands  of  such  customers  garish  and 
resplendent  establishments  were  maintained  where 
every  form  of  dissipation  was  purveyed.  Gam 
bling-houses  were  licensed  by  the  municipalities. 
Other  forms  of  vice  flourished  by  general  knowledge 
and  without  governmental  tax  or  hindrance.2  The 
miner's  holiday  at  an  end,  he  returned  to  his  des 
perate  vocation.  Aside  from  these  occasional 

1  Hittell  (1885),  vol.  n,  pp.  763,  764. 

2  Dr.  Gaius  L.  Halsey,  who  went  out  from  New  York  State  at 
an  early  day,  repeats  some  interesting  statements  in  a  volume  of 
reminiscences  published  in  1902.   A  tent  used  as  a  gambling  resort 
in  one  of  the  mining  towns  paid  a  rental  of  $40,000  a  year.  A  two- 
story  frame  building  chiefly  used  for  gambling  purposes  rented  for 
$120,000  a  year. 


12       THE  CONTEST  FOR  CALIFORNIA 

debauches  two  things  made  his  life  endurable: 
quinine  and  a  sense  of  humor,  —  humor  which  was 
often  rude  and  uncouth.  In  many  "camps"  there 
was  not  one  decent  woman;  yet  respect  for  the  sex 
survived.  One  of  the  early  clergymen  describes  his 
arrival  in  San  Francisco:  "We  drove  through  what 
is  now  Washington  Street,  and  coming  to  the  corner 
of  the  Plaza,  then  a  sandy,  empty  lot,  my  attention 
was  drawn  to  a  group  of  Frenchmen  marching  along 
what  was  called  the  sidewalk.  Their  leader  pointed 
to  the  sandy  space.  'Voila,  Messieurs,  la  place 
royale!'  he  cried,  in  the  mean  time  taking  off  his 
hat  when  seeing  ladies  in  a  carriage.  All  followed 
his  example  and  cried  lustily,  'Vivent  les  dames!' 
Ladies  were  indeed  scarce  in  San  Francisco,  arid  on 
our  road  up  Washington  Street,  through  Stockton, 
many  were  the  men  who  ran  to  the  front  doors  of 
their  shanties  to  have  a  view  of  the  remarkable 
occurrence."  l 

Stephen  J.  Field,  long  a  justice  of  the  United 
States  Supreme  Court,  in  an  interesting  volume  of 
reminiscences  describes  an  instance  of  this  respect. 
When  the  settlers  at  Nye's  Ranch  found  it  neces 
sary  to  have  a  local  government  they  met  to  or 
ganize  a  city.  "Some  one  proposed  that  a  name 
should  be  adopted  for  the  new  town.  One  man 
suggested  Yubafield,  another  Yubaville.  [It  was 
in  Yuba  County,  on  the  Yuba  River,  a  few  miles 
below  Yuba  Dam.]  A  third  urged  the  name 
Circumdoro  (surrounded  with  gold,  as  he  trans- 

1  Checkered  Life,  p.  337. 


SOCIAL  AND  INDUSTRIAL  CONDITIONS    13 

lated  the  word),  because  there  were  mines  in  every 
direction  roundabout.  But  there  was  a  fourth,  a 
solid  and  substantial  old  man,  evidently  of  kindly 
domestic  affections,  who  had  come  out  to  Cali 
fornia  to  better  his  fortunes.  He  now  rose  and 
remarked  that  there  was  an  American  lady  in  the 
place,  the  wife  of  one  of  the  proprietors;  that  her 
name  was  Mary;  and  that  in  his  opinion  her  name 
ought  to  be  given  to  the  town,  and  it  should  be 
called,  in  her  honor,  Marysville.  No  sooner  had  he 
made  the  suggestion  than  the  meeting  broke  out 
into  loud  hurrahs;  every  hat  made  a  circle  around 
its  owner's  head,  and  we  christened  the  new  town 
Marysville  without  a  dissenting  vote."  1 

At  the  same  time  an  ayuntamiento  (town  council) 
was  elected  and  Mr.  Field  was  chosen  first  alcalde. 
It  was  urged  against  Mr.  Field  that  he  was  a  new 
comer, — he  had  been  in  the  place  only  three  days, 
while  his  opponent  had  resided  there  twice  as  long. 
But  Mr.  Field  had  bought  land;  his  stability  had  been 
thus  proved;  and  he  had  a  majority  of  nine  votes.2 

"The  alcalde,"  says  Judge  Field,  "was  a  judicial 
officer  under  the  Spanish  and  Mexican  laws,  having 
a  jurisdiction  something  like  that  of  a  justice  of  the 
peace,  but  in  the  anomalous  condition  of  affairs  in 
California  at  that  time,  he,  as  a  matter  of  necessity, 
assumed  and  exercised  very  great  powers."  3 

Judge  Field  narrates  several  interesting  incidents 
in  his  law  practice  and  his  experience  as  alcalde. 

1  Early  Days  in  California,  p.  25.  Printed  for  private  distribution. 
«  Ibid.,  p.  24.  3  Ibidtt  p.  24. 


14        THE  CONTEST  FOR  CALIFORNIA 

He  was  especially  embarrassed  with  men  convicted 
of  crimes.  There  was  no  jail,  so  he  resorted  to  pub 
lic  flogging.  It  was  bad,  but  not  so  bad  as  the  only 
alternative  —  a  lynch-law  hanging.  For  the  com 
munity  demanded  penalties  for  offenses. 

Several  of  the  alcaldes  were  men  of  learning,  of 
wisdom,  and  of  probity,  but  not  all.  An  early  judge 
located  in  San  Francisco  would  sit  in  his  court,  on 
an  old  chair  tilted  back,  with  his  feet  perched 
higher  than  his  head,  on  a  small  mantel  over  the 
fireplace,  and  in  that  position,  with  a  red  shirt  on, 
would  dispense  justice.1 

Tender  regard  for  childhood  was  manifested  as 
occasion  offered,  and  Bret  Harte's  story  of  "The 
Luck  of  Roaring  Camp"  might  have  been  founded 
on  fact.  "The  appearance  of  a  little  girl  would  be 
heralded  like  that  of  an  angel,  many  a  rugged  fellow 
bending  with  tears  of  recollection  to  give  her  a  kiss 
and  press  a  golden  ounce  into  her  hand."  2 

Creed  Raymond,  a  few  years  ago  general  counsel 
for  the  Southern  Pacific  Railroad,  remembered  that 
bells  were  rung  and  a  general  jollification  was  held 
in  Auburn,  Placer  County,  when  the  first  girl  was 
born  in  the  town.  The  girl  grew  up  and  became 
Mrs.  Raymond.  There  were  many  settlements, 
camps,  towns,  in  the  mining  districts,  where  there 
were  no  children.  The  intimacies  of  pioneer  life,  of 
which  I  have  spoken,  and  the  absence  of  restraining 
elements,  gave  the  rough  humor  free  scope  for 
demonstration,  broke  down  social  barriers,  dulled 

1  Hittell  (1885),  vol.  n,  p.  778.          2  Bancroft,  vol.  vi,  p.  233. 


SOCIAL  AND  INDUSTRIAL  CONDITIONS    15 

self-respect,  and  thus  naturally  destroyed  reverence 
for  superiors.  Indeed,  to  this  jocund  society  there 
was  no  thought  of  superiors.  James  W.  Coffroth, 
editor,  lawyer,  orator,  state  senator,  a  familiar 
name  throughout  California,  was  stopped  in  the 
road,  one  night,  by  a  highwayman.  Mr.  Coffroth 
calmly  remonstrated  and  told  who  he  was.  "Go 
on,  Jim,"  said  the  road  agent,  "I  wouldn't  take 
your  money."  Fancy  a  New  York  highwayman 
addressing  Mr.  Choate  as  Joe!  Probably  Mr. 
Coffroth  was  partly  to  blame  for  any  lack  of  def 
erence.  He  was  telegraphed  for  to  go  to  Columbia 
to  defend  a  man  accused  of  murder  and  was  asked 
what  he  would  take  to  fight  the  case.  He  tele 
graphed  back,  "Brandy -and -water  for  three 
days."  2  Of  course  he  counted  on  receiving  a  good 
money  fee,  but  the  joy  of  conflict  was  uppermost  in 
his  mind. 

With  lack  of  respect  was  resourcefulness  in  de 
vices  for  defeating  adversaries  and  expedients  for 
winning  contests.  When  Richard  H.  Daly  ran  for 
judge  of  Calaveras  County  friends  of  the  opposing 
candidate  posted  in  a  conspicuous  place  a  bill  pur 
porting  to  be  signed  by  Daly  and  bearing  this 
legend:  "Notis  —  i  announce  i  am  a  candidate  for 
Kounty  Jug."  3  It  was  effective.  The  "boys"  re 
volted  at  such  illiteracy  and  elected  the  other  man. 

A  petition  was  started  asking  that  the  state  capital 
might  be  located  at  Campo  Seco,  Sonora  County. 
Something  of  a  joke  it  was  considered  elsewhere; 

1  Bench  and  Bar,  p.  306.         2  Ibid.,  p.  306.        8  Ibid.,  p.  371. 


16       THE  CONTEST  FOR  CALIFORNIA 

but  as  the  capital  had  been  changed  repeatedly 
(one  evidence  of  mutability),  and  a  proposal  for 
another  change  was  before  the  legislature,  every 
body  in  Sonora  County  signed  it.  The  document 
never  was  presented.  Friends  of  a  convicted  mur 
derer  got  hold  of  it,  cut  off  the  top,  attached  the 
signatures  to  a  recommendation  for  pardon,  and 
the  man  received  executive  clemency.1 

A  remarkable  instance  of  readiness  to  be  di 
verted,  even  among  persons  in  official  station,  a 
disposition  to  convert  a  serious  duty  into  a  frolic, 
occurred  in  1861.  The  legislature  was  in  session 
and  a  United  States  senator  was  to  be  chosen  to 
succeed  Doctor  Gwin.  Friends  of  James  A.  Mc- 
Dougall  believed  that  gentleman's  chances  were 
improving  daily,  but  as  the  time  for  the  election 
approached  they  were  not  sure  they  had  pledges 
enough,  and  they  wished  for  delay.  Lee  and  Mar 
shall's  circus  was  in  town,  so  one  of  Mr.  McDou- 
gall's  zealous  supporters  engaged  the  entire  com 
pany  for  a  continuous  performance  until  the  signal 
should  be  given  that  matters  were  arranged.  All 
members  of  the  legislature  were  invited,  and  refresh 
ments,  both  solid  and  liquid,  were  supplied  free  and 
in  abundance.  The  legislative  chambers  were  de 
serted,  and  the  fun  went  on  for  a  day  and  a  night. 
"It  cost  me  $1700,"  said  the  friend,  "but  we  got 
the  pledges."  2 

The  comic  and  the  tragic  lie  side  by  side  in  the 
human  heart.  At  no  time  was  it  all  fun  among  the 

1  Bench  and  Bar,  p.  307.  a  Ibid.,  p.  258. 


SOCIAL  AND  INDUSTRIAL  CONDITIONS    17 

pioneers.  At  the  period  I  shall  try  to  depict  there 
was  also  conflict  and  tragedy.  I  was  witness  to 
instances.  One  such  occurred  in  the  then  prosper 
ous  town  of  Camptonville,  on  the  Fourth  of  July  in 
1862.  There  had  been  the  customary  exercises  in 
the  morning,  —  reading  of  the  Declaration  of  Inde 
pendence,  an  oration,  and  singing.  In  the  afternoon 
there  was  nothing  to  be  done.  All  places  of  business 
were  closed,  except  the  saloons,  in  most  of  which 
games  were  openly  going  on,  —  poker,  faro,  and 
red  -  and  -  black.  Union  men  had  their  favorite 
resorts;  Southerners  took  their  liquor  and  made 
their  bets  in  other  places.  One  saloon  was  especially 
favored  by  the  men  from  Georgia  Bar,  a  mining- 
camp  just  outside  the  town.  "Billy"  McGee,  a  son 
of  Massachusetts,  loyal  to  the  Union,  was  passing 
this  last  -  mentioned  resort.  One  of  the  loungers 
uttered  a  disparaging  remark.  Mr.  McGee  instinc 
tively  turned  his  face  toward  the  speaker.  Quite  as 
naturally  his  right  hand  slipped  around  to  his  hip 
pocket.  A  person  making  such  a  remark  as  Mr. 
McGee  heard  would  naturally  anticipate  resent 
ment.  It  doubtless  occurred  to  Mr.  McGee  that  he 
who  fires  first,  even  if  he  does  not  fire  best,  has  the 
chance  of  gaining  an  advantage.  Mr.  McGee  fired 
first.  The  Georgian  was  disabled,  but  not  quite 
killed.  Mr.  McGee  submitted  to  arrest  and  was 
charged  with  assault  with  intent  to  kill.  At  the 
hearing  before  the  justice  of  the  peace  ex-Judge 
Stidger  was  brought  over  from  Grass  Valley  to 
prosecute.  I  was  forced  to  uphold  the  case  of  the 


18        THE  CONTEST  FOR  CALIFORNIA 

patriotic  defendant.  Apprehensive  that  I  might 
prejudice  Mr.  McGee's  case,  I  advised  him  to 
waive  examination,  give  bail,  and  await  the  action 
of  the  grand  jury,  when  he  could  employ  for  counsel 
some  one  already  admitted  to  practice  law.  Mr. 
McGee  and  his  friends  rejected  the  idea.  "What! 
let  them  damned  rebels  drive  us  out  of  court !  Not 
much !  Go  ahead  and  put  up  the  stiff est  fight  you 
know  how  to."  Under  such  instructions  I  appeared 
—  while  all  Camptonville  looked  on.  For  our  first 
defense  we  pleaded  that  the  discharge  of  Mr. 
McGee's  pistol  was  accidental;  but,  knowing  the 
justice  to  be  a  strong  Union  man,  we  placed  our 
reliance  on  our  second  point.  We  argued  that  it 
was  not  only  justifiable,  but  was  as  laudable  to  shoot 
a  rebel  in  the  street  of  Camptonville  as  if  he  were  in 
uniform  on  the  bank  of  the  Chickahominy.  Judge 
Stidger  raged,  and  his  secession  sympathizers 
"imagined  a  vain  thing,"  but  Billy  McGee  was 
honorably  discharged.  In  scores  of  places  "Union" 
and  "Secesh,"  common  terms  of  the  time,  con 
fronted  each  other  as  closely  as  in  the  main  street 
of  Camptonville. 

I  am  portraying  social  conditions  by  illustrative 
incidents  and  references  to  representative  men. 
Hubert  Howe  Bancroft  gives  a  remarkable  sum 
mary  of  crime  and  lawlessness.  Stealing  horses  and 
cattle  became  so  common  as  to  diminish  the  value 
of  those  animals  fifty  per  cent.  Some  farmers  lost 
all  their  teams.  One  journal  said  there  were  more 
than  one  thousand  men  who  made  horse-stealing  a 


SOCIAL  AND  INDUSTRIAL  CONDITIONS    19 

regular  business.  Highway  robbery  was  common. 
From  1849  to  1854  inclusive  forty -two  hundred 
murders  were  committed  in  California.  In  San 
Francisco  there  were  twelve  hundred,  and  only  one 
conviction.  Murder,  says  Bancroft,  was  to  be  so 
sheltered  and  defended  that  the  bowie-knife  chiv 
alry  might  have  their  safety  in  their  own  hands, 
whatsoever  lives  they  might  choose  to  take.  The 
worst  men  sought  office  and  were  supported  by 
those  who  intended  to  use  them  for  nefarious  pur 
poses.  A  Botany  Bay  convict  was  a  constable,  in 
one  town;  the  county  judge  was  a  drunkard  and 
debauchee;  his  successor  could  not  spell  correctly. 
The  judge  of  a  district  embracing  three  prosperous 
counties  was  declared  to  be  the  most  dissolute  man 
that  ever  wore  the  ermine.  It  was  especially  diffi 
cult  to  bring  a  case  to  trial  if  the  accused  was  a 
Southerner.  In  one  case  where  the  courts  refused  a 
change  of  venue  the  legislature  passed  an  act  grant 
ing  the  change.  Reckless  legislation  during  the 
reign  of  the  chivalry  often  obstructed  justice  and 
was  fruitful  of  crimes.  In  such  a  state  of  affairs 
it  is  not  surprising  that  in  many  localities  the  people 
occasionally  resumed  the  sovereign  power,  in  dis 
regard  of  the  faithless  or  inefficient  men  they  had 
placed  in  office,  and  enforced  justice,  though  they 
proceeded  by  unlawful  means.  There  were  numer 
ous  hasty  lynchings,  but  usually,  when  the  law's 
delay  in  dealing  with  criminals  became  intolerable, 
the  mass  of  good  citizens  met  together,  elected 


20       THE  CONTEST  FOR  CALIFORNIA 

officers,  gave  accused  persons  immediate  trials,  and, 
for  such  as  were  convicted,  suitable  penalties  were 
promptly  inflicted.  Such  proceedings  were  outside 
the  law,  but  they  were  conducted  in  a  decorous  man 
ner,  for  the  public  safety.1 

The  first  vigilance  committee  in  San  Francisco 
was  organized  in  1851,  and  it  dispensed  justice 
several  months.  The  "Great  Vigilance  Com 
mittee,"  of  which  William  T.  Coleman,  the  eminent 
merchant,  was  chairman,  was  formed  in  May,  1856. 
This  committee,  comprising  several  thousand  mem 
bers,  hanged  several  rogues  and  banished  or  fright 
ened  away  scores  of  others.  The  Governor  of  the 
state  endeavored  to  suppress  the  committee,  and 
for  that  purpose  appointed  William  T.  Sherman, 
then  engaged  in  banking  in  San  Francisco  (after 
wards  the  great  Union  general),  major-general  of 
the  state  militia.  Sherman  could  do  nothing,  for 
nearly  every  militiaman  had  joined  the  Vigilance 
Committee.  The  Governor  tried  to  obtain  the  aid 
of  General  Wool,  commander  of  the  Regular  Army 
forces  stationed  in  the  vicinity  of  San  Francisco, 
and  of  Captain  Farragut,  commandant  of  Mare 
Island  Navy  Yard,  but  neither  officer  felt  it  his  duty 
to  intervene. 

There  were  many  exciting  occurrences.  Perhaps 
the  most  interesting  incident  was  the  arrest  and 
imprisonment  of  the  chief  justice  of  the  highest 

1  Bancroft,  vol.  vn,  chapter  ix.  Much  of  this  is  in  Bancroft's  own 
terms. 


SOCIAL  AND  INDUSTRIAL  CONDITIONS    21 

court  in  the  state,  David  S.  Terry.  Terry  had  no 
sympathy  with  the  committee,  which  he  described 
as  "damned  pork  merchants."  One  day  in  June 
tie  interfered  with  the  committee  police,  who  were 
making  an  arrest.  "In  the  scuffle  Judge  Terry 
drew  a  knife  and  stabbed  Hopkins,  a  committee 
officer."  *  Terry  was  incarcerated  several  weeks 
while  his  victim  hovered  between  life  and  death. 
When  it  was  deemed  certain  that  Hopkins  would 
recover  there  was  an  anxious  debate  over  the  dis 
posal  to  be  made  of  the  eminent  prisoner.  Mr. 
Coleman  declared  that  he  was  "a  white  elephant." 
Many  insisted  that  he  should  be  punished  by  the 
committee.  Senator  Broderick  argued  that  the 
conviction  and  punishment  of  a  man  of  such  ex 
alted  official  position  would  be  likely  to  arouse  the 
national  authorities  and  thus  perhaps  lead  to  the 
dissolution  of  the  committee.  Broderick's  counsel 
prevailed  and  Terry  was  discharged.  Professor 
Royce  (who  is  not  responsible  for  all  these  details) 
concludes  his  lucid  and  admirable  account  of  this 
great  movement  with  this  observation:  "The  first 
real  test  of  the  success  of  the  committee  in  its  one 
true  work,  which  was  to  agitate  for  a  reform  in 
municipal  society  and  politics,  came  at  the  autumn 
elections,  when  the  people  sustained  the  whole 
movement  by  electing  city  officers  to  carry  on  in  a 
legal  way  the  reform  which  had  been  begun  without 
the  law;  and  thenceforth,  for  years,  San  Francisco 
1  Royce,  p.  462. 


22        THE  CONTEST  FOR  CALIFORNIA 

was  one  of  the  best  governed  municipalities  in  the 
United  States."  1 

Nor  were  the  benefits  confined  to  San  Francisco. 
Other  cities  were  suddenly  brought  up  to  a  fair 
state  of  civilization  and  order. 
1  Royce,  p.  464. 


CHAPTER  II 

POLITICAL   CONDITIONS 

IN  politics,  also,  conditions  were  unique  and  inter 
esting.  There  were  no  citizens  native  to  the  state  — 
there  had  not  been  time  for  California  children  to 
grow  to  maturity  —  except  the  Mexicans  who  re 
mained  after  California  was  wrested  from  Mexico. 
Many  of  these  were  lawlessly  deprived  of  lands  by 
newcomers,  and  their  appeals  to  the  United  States 
authorities  for  redress  were  long  ignored.  Back  of 
that  rankled  resentment  at  the  means  by  which 
California  had  been  conquered  and  torn  from  its 
easy-going  relation  to  Mexico.  Not  very  ardent, 
these  natives,  for  the  Government  at  Washington. 
Many  of  the  pioneer  immigrants  were  equally  dis 
affected,  because  the  Government  hesitated  to  con 
firm  them  in  the  possession  of  fertile  acres  and  val 
uable  lots  they  had  got  away  from  the  natives.  Mr. 
Colton,  asserts  also,  that  "from  the  day  the  United 
States  flag  was  raised  in  this  country  she  has  been 
the  victim  of  the  most  unrelenting  oppression.  Her 
farmers  were  robbed  of  their  stock  to  meet  the 
exigencies  of  war,*and  her  emigrants  forced  into  the 
field  to  maintain  the  conquest";  and  he  goes  into 
details  relative  to  the  treatment  of  California  by 
the  National  Government.1  Other  causes  of  dis- 
1  Three  Years  in  California,  p.  897. 


24       THE  CONTEST  FOR  CALIFORNIA 

content  were  insufficient  mails  and  general  neglect. 
Although  California  was  ceded  to  the  United  States 
by  the  treaty  which  concluded  the  Mexican  War, 
-February  2,  1848,  —  the  United  States  for 
several  years  did  nothing  whatever  toward  provid 
ing  a  government  for  the  country  —  except  as 
President  Polk,  without  authority,  appointed  a 
governor.  Efforts  were  made  to  persuade  Congress 
to  act;  but  the  South  was  determined  that  slavery 
should  be  permitted  in  California  and  the  Northern 
representatives  were  equally  determined  that  it 
should  not;  so  Congress  adjourned  with  nothing 
done. 

Withdrawal  from  the  Union  was  a  familiar  pro 
position  long  before  the  secession  movement  of 
1861.  Mr.  Colton  declared,  in  his  book  written 
previous  to  1850,  from  which  I  have  already 
quoted,  that  if  Congress  failed  to  assist  an  overland 
railroad  project  of  that  day  "such  a  dereliction  of 
duty,  so  apparent,  would  erelong,  as  a  natural 
if  not  necessary  consequence,  create  an  independ 
ent  nation  on  the  Pacific."  Independence  was 
broached,  also,  in  the  Great  Vigilance  Committee. 

As  soon  as  it  became  apparent  that  there  was  to 
be  a  struggle  in  Congress,  and  that  the  adoption  of 
a  bill  organizing  a  government  might  be  delayed 
a  long  time,  the  Americans  in  California  began  to 
discuss  the  subject  of  organizing  a  government  for 
themselves.  Hittell  states  that  the  first  public 
meeting  to  espouse  the  purpose  was  held  at  San 

1  Three  Years  in  California,  p.  456. 


POLITICAL  CONDITIONS  25 

Jose  on  the  eleventh  of  December,  1848,  and  that 
it  recommended  the  assembling  of  a  constitutional 
convention  in  the  following  January.  Colton  says 
that  at  "the  first  great  meeting  on  this  subject, 
held  in  Monterey  in  January,  1849,"  he  was  called 
upon  to  draft  resolutions  setting  forth  the  condi 
tions  of  the  country  and  providing  for  the  election 
of  delegates  to  a  convention.1  Similar  meetings 
were  held  in  San  Francisco  in  December  (the  month 
preceding  the  Monterey  demonstration),  which 
resolved  that  Congress  had  been  trifling  with  the 
subject  of  a  government  for  California;  that  there 
was  no  more  time  to  be  lost;  that  immediate  steps 
should  be  taken  by  the  people  themselves  to  pro 
vide  a  government;  and  calling  on  other  sections  to 
elect  delegates  to  a  convention.2  However,  it  was 
not  until  the  first  of  September,  1849,  that  a  con 
vention  of  elected  delegates  assembled  to  form  a 
constitution.  Many  subjects  that  no  longer  survive 
to  vex  such  assemblies  were  debated,  —  land  titles, 
dueling,  lotteries,  gambling,  slavery,  —  and  reports 
of  the  proceedings  are  very  interesting.  The  out 
come  was  the  form  of  a  complete  state  government. 
Arizona  and  New  Mexico,  which  came  to  the 
United  States  pursuant  to  the  same  treaty  that 
attached  this  remoter  possession  to  the  Union,  have 
remained  territories  to  the  time  of  this  writing; 
their  governors  appointed  by  the  President;  with 
no  senators;  their  delegates  to  the  House  of  Repre- 

J  Three  Years  in  California,  p.  456. 
2  Hittell  (1885),  vol.  n,  pp.  706,  707. 


26        THE  CONTEST  FOR  CALIFORNIA 

sentatives  permitted  to  speak  but  not  allowed  to 
vote.  The  Californians  had  no  idea  of  waiting. 
Having  provided  for  a  state  they  went  ahead  as  if 
their  state  was  complete,  and  on  the  thirteenth  of 
November  held  an  election,  when  the  constitution 
was  ratified  and  a  governor  and  legislature  were 
chosen.  Meantime  Mr.  Folk's  term  of  office  had 
expired  and  General  Taylor  had  become  President. 
Within  a  month  of  his  assuming  office  President 
Taylor  sent  the  Honorable  Thomas  Butler  King,  a 
Member  of  Congress  from  North  Carolina,  to  the 
coast  to  assure  the  people  of  the  President's  inten 
tion  to  do  all  that  lay  in  his  power  to  promote  their 
happiness  and  welfare.  It  is  significant  that  Mr. 
King's  instructions  included  details  as  to  how  he 
should  cooperate  with  the  military  and  naval  offi 
cers  in  the  event  of  an  attempt  to  alienate  any 
portion  of  the  newly  acquired  territory  "or  to 
establish  an  independent  government  within  its 
limits."  1  Apparently  the  Government  in  Wash 
ington  feared  that  neglect  of  the  distant  people 
might  have  suggested  to  those  people  the  desir 
ability  of  independence.  They  were  entitled  to 
order;  for  all  that  the  Government  had  done  they 
might  have  weltered  in  anarchy  and  disorder.  Not 
withstanding  the  President's  recommendation  of 
favorable  action  on  California's  petition  for  recog 
nition,  there  was  a  vigorous  contest  over  the  ques 
tion.  The  number  of  slave  states,  and  thus  the 
slave  state  vote  in  the  Federal  Senate,  had  been 
1  Hittell  (1885),  vol.  n,  pp.  809,  810. 


POLITICAL  CONDITIONS  27 

equal  to  the  number  of  free  states  and  their  votes. 
If  California  were  admitted  as  a  free  state  the  bal 
ance  of  power  would  be  destroyed.  John  C.  Cal- 
houn,  rousing  himself  from  a  mortal  sickness,  made 
his  last  great  oratorical  effort  on  this  subject.  Ris 
ing  in  his  seat,  in  great  pain,  he  said  he  was  unable, 
on  account  of  his  physical  weakness,  to  deliver 
personally  what  he  had  to  say;  and,  turning  to 
James  M.  Mason,  of  Virginia,  asked  him  to  read 
the  speech  he  had  prepared  in  writing.  It  was  a 
masterly  production  in  all  the  arts  that  go  to  make 
up  a  chaste  and  finished  oration;  but,  like  Calhoun's 
arguments  in  general,  it  was  based  upon  fundamen 
tal  fallacies.  He  was  opposed  to  the  admission  of 
California  as  a  state,  and  argued  that  it  should 
be  remanded  back  to  the  condition  of  a  territory. 
It  might  be,  he  continued,  that  California  would 
not  submit  to  be  remanded  back  to  the  condition  of 
a  territory.  It  might  be  that  the  so-called  state,  as 
it  had  organized  without  authority,  would  refuse  to 
obey  authority.  This  was  possible,  but  it  was  not 
probable,  and  it  would  be  time,  when  it  refused,  to 
decide  what  was  to  be  done. 

Daniel  Webster  answered  Calhoun.  He  had 
always  been  opposed  to  the  acquisition  of  more 
territory.  He  believed  in  the  Spartan  maxim: 
Improve,  adorn  what  you  have;  seek  no  further. 
He  had  therefore  opposed  the  annexation  of  Texas. 
But  Texas  had  been  annexed,  and  at  the  same  time 
a  solemn  compact  had  been  entered  into  in  refer 
ence  to  slavery;  not  by  him  but  by  representatives 


28        THE  CONTEST  FOR  CALIFORNIA 

of  the  Nation, — and  he  was  in  favor  of  living  up  to 
it.  But,  so  far  as  California  and  the  territory  ac 
quired  from  Mexico  were  concerned,  slavery  was 
excluded  from  them  by  the  laws  of  nature.  He 
had  heard  the  South  complain  and  he  had  heard 
the  North  complain.  Both  were  partly  in  the  right 
and  both  were  largely  in  the  wrong.  So  far  as  the 
restitution  of  fugitives  from  service  was  a  part 
of  the  Constitution,  recognized  by  the  law  of  the 
land,  it  should  be  enforced,  —  fairly,  squarely,  and 
rigidly  enforced;  but  so  far  as  the  exclusion  of 
slavery  from  the  new  territories  was  concerned,  or 
the  loss  of  what  was  called  the  equiponderance  of 
representation,  the  South  had  no  right  to  complain. 
Others  also  took  part  in  the  debate.  Of  these 
William  H.  Seward,  of  New  York,  was  the  most 
prominent.  He  was  for  admitting  California  un 
conditionally  and  at  once.  To  him  California, 
coming  from  the  clime  where  the  West  dies  away 
into  the  rising  East;  California,  which  bounded  the 
empire  and  the  continent;  California,  the  faithful 
Queen  of  the  Pacific,  in  robes  of  freedom  gorgeously 
inlaid  with  gold,  was  doubly  welcome.  If  state 
hood  was  not  then  granted  it  might  never  be 
granted.  California  might  not  abide  delay.  He 
would  not  say  that  it  contemplated  independence, 
because  he  knew  it  did  not  anticipate  rejection. 
But  either  the  Stars  and  Stripes  must  wave  over  its 
ports,  or  it  must  raise  aloft  a  standard  for  itself.  It 
would  be  no  mean  ambition,  if  it  became  necessary 
for  its  own  protection,  to  found  an  independent 


WILLIAM    M.    GWIN 


POLITICAL  CONDITIONS  29 

nation  on  the  Pacific.  It  was  further  away  than  the 
old  colonies  had  been  from  England.  It  was  out  of 
the  reach  of  railroads  or  unbroken  steam  naviga 
tion.  Nor  would  it  be  alone.  As  California  would 
go,  so  would  Oregon  go,  and  the  whole  Pacific  Coast 
might  be  lost.1 

Mr.  Calhoun  and  President  Taylor  died  while  the 
question  was  pending,  and  it  fell  to  Millard  Fill- 
more,  who  succeeded  General  Taylor,  to  approve 
the  bill  admitting  California  as  a  state  of  the 
Union,  which  he  did  on  the  ninth  of  September, 
1850. 

While  the  debate  was  going  on,  John  C.  Fremont 
and  William  M.  Gwin,  who  had  been  elected  Sena 
tors,  and  Messrs.  Wright  and  Gilbert,  who  had 
been  chosen  to  the  House,  and  who  were  in  Wash 
ington  waiting  to  be  admitted  to  the  bodies  to 
which  they  were  accredited,  united  in  issuing  a 
manifesto  assuring  Congress  that  California  was 
loyal  to  the  Union.  Doubtless  they  were  right.  But 
the  possibility  of  separation  had  been  mentioned 
and  even  seriously  discussed  by  prominent  states 
men.  It  was  in  the  air. 

-As  population  increased  citizens  who  had  mi 
grated  from  Northern  States  were  divided  between 
parties,  as  they  had  been  in  the  East.  Nearly  forty  -y 
per  cent  of  the  population  had  come  from  slave    S 
states.  They  were  not  divided.  They  were  solidly,      \ 
fiercely  on  the  side  of  the  Democratic  Party,  — 
more  Southern  than  the  South  itself.    Concerning 

1  Hittell  (1885),  vol.  n,  pp.  814  to  818. 


30        THE  CONTEST  FOR  CALIFORNIA 

the  peculiar  institution  of  the  South  that  for  years 
supplied  the  chief  incentive  of  parties,  the  feeling  of 
this  people  was  something  like  Senator  Hoar's  feel 
ing  about  Benjamin  F.  Butler's  funeral.  The  Sena 
tor  was  walking  on  Washington  Street,  Boston,  one 
day,  when  a  friend  met  him  and  asked  if  he  was 
going  out  to  Lowell  to  General  Butler's  funeral. 
"No,"  said  the  Senator,  with  a  snap  of  emphasis. 
Then,  as  he  was  starting  on,  he  added,  "But  I 
approve  of  it."  The  Southerners  and  their  allies 
from  the  North  were,  also,  effectively  bound  to 
gether  by  "the  cohesive  power  of  public  plunder." 
During  the  administrations  of  Presidents  Pierce 
and  Buchanan  every  Federal  official  was  required 
to  be  an  unquestioning  supporter  of  the  groveling 
pro  -  slavery  policy  of  these  administrations,  and 
was  counted  on  to  uphold  the  South  to  the  last 
extremity.  Over  the  oligarchy  of  subservient  office 
holders,  the  numerous  company  of  obsequious  ex 
pectants,  and  a  mass  of  complaisant  sympathizers 
-  all  comprising  the  Democratic  Party  --  brooded 
the  sinister  figure  of  William  M.  Gwin,  leader  and 
autocrat.  This  astute,  indefatigable,  and  unprin 
cipled  adventurer  was  born  in  Tennessee,  practiced 
medicine  for  a  time,  and  had  represented  a  Missis 
sippi  district  in  Congress  before  he  came  to  Cali 
fornia,  in  1848.  In  the  Constitutional  Convention 
of  1849  he  took  a  leading  part.  His  adroit  persist 
ence  and  command  of  resources  won  him  an  elec 
tion  to  the  United  States  Senate,  where  he  took  his 
place  when  California  was  admitted  to  statehood. 


POLITICAL  CONDITIONS  31 

He  retained  his  hold  for  ten  years ;  and  during  that 
time,  notwithstanding  occasional  instances  of  in 
dividual  recalcitrancy,  dominated  the  Democratic 
Party  in  the  state.  James  A.  McDougall  was 
elected  to  Congress,  but  as  he  refused  to  fall  in 
with  the  disunionist  plans  already  meditated  by 
Southern  leaders,  whose  confidences  were  shared  by 
Gwin,  he  was  left  at  home  at  the  end  of  his  term. 
Every  Federal  official  owed  his  position  to  Gwin, 
who  maintained  a  system  of  espionage  over  his 
followers.  This  made  him  disliked,  but  it  made 
him  supreme  —  until  his  supremacy  was  disputed 
by  David  C.  Broderick. 


CHAPTER  III 

DAVID    COLBRITH   BRODERICK  l 

THIS  remarkable  man,  the  possessor  of  noble  traits, 
who  promoted  correct  principles,  sometimes  by 
reprehensible  methods,  was  born  of  Irish  parents, 
in  Washington,  District  of  Columbia,  in  the  year 
1820,  in  the  birth  month  of  Washington,  Lincoln, 
and  Baker.  When  he  was  six  years  old  his  family 
moved  to  New  York,  where  the  boy  attended  the 
public  schools.  He  was  not  yet  a  voter  when  he  be 
gan  to  take  part  in  politics,  and  shortly  after  he 
became  of  age  he  was  Tammany  leader  in  the  old 
Ninth  Ward.  In  1846  he  was  a  candidate  for  Con 
gress,  but  as  certain  Democrats  ran  another  candi 
date  against  him  a  Whig  was  elected.  Broderick,  as 
did  many  active  politicians,  early  joined  the  Volun 
teer  Fire  Department,  and  he  soon  became  Foreman 
of  Howard  Engine  Company  No.  34,  whose  house 
was  at  the  corner  of  Christopher  and  Hudson 
streets.  The  firemen  had  their  rude  etiquette,  to 
violate  which  inevitably  led  to  trouble.  A  fist  fight 
involving  members  of  two  companies  was  an  occur- 

1  Bancroft  makes  the  middle  name  Colbert,  as  does  Lynch, 
Broderick's  latest  biographer.  Broderick's  successor  in  the  Senate 
gives  it  as  Colbreth.  See  Cong.  Globe,  1st  Session,  36th  Congress, 
part  1,  p.  748.  Shuck  spells  it  Colbrith,  and  I  am  assured  this  is  the 
manner  used  by  Mr.  Broderick  in  signing  his  will.  —  E.  R.  K. 


DAVID   COLBRITH  BRODERICK         33 

rence  at  nearly  every  important  fire.  During  many 
years  after  the  Civil  War  there  was  an  attendant  of 
the  United  States  Court  in  New  York  City  (a  man 
whose  first  name  was  the  same  as  Broderick's), 
whose  nose  had  been  broken  in  one  of  these  con 
tests,  and  who,  when  he  could  be  persuaded  to  tell 
the  story,  evinced  some  little  pride  that  his  fracture 
was  the  result  of  a  blow  from  a  speaking-trumpet 
in  the  hands  of  "Dave  Broderick."  In  1841  Brod- 
erick  kept  a  saloon  called  "Subterranean  Hall,"  and 
the  following  year  a  place  called  "Republican 
Hall . ' '  He  was  not  a  consumer  of  his  own  goods ,  and 
during  his  entire  life  was  almost  a  total  abstainer 
from  liquors.  When  he  was  keeping  the  latter- 
named  place  it  was  noticeable  that  he  was  becoming 
serious  and  was  reading  a  good  deal,  —  history, 
politics,  and  even  poetry.  A  man  who  knew  him  at 
that  time  told  me  he  once  saw  Broderick  come  rush 
ing  out  in  his  shirt  sleeves  from  his  lodging  over  the 
saloon,  repress  a  disturbance,  throw  the  disturbers 
into  the  street,  and  then  return  to  his  books. 

At  last  there  came  a  time  when  Broderick  decided 
to  change  his  vocation  and  put  his  past  out  of  sight. 
WThen  leaving  New  York  he  said  to  his  friend 
Sickles,1  "I  will  never  return  unless  as  United 
States  Senator."  He  arrived  in  San  Francisco  in 
June,  1849.  William  M.  Gwin,  shortly  before  he 
went  to  California,  remarked  to  Stephen  A.  Doug 
las,  "I  will  be  back  in  a  year  as  Senator."  So  when 
Baker  was  leaving  the  national  capital,  in  1849, 

1  Later  Major-General  Daniel  E.  Sickles. 


34        THE  CONTEST  FOR  CALIFORNIA 

after  it  was  determined  that  he  was  not  to  become 
a  member  of  President  Taylor's  Cabinet,  the  Colo 
nel  declared  he  never  would  return  to  Washington 
unless  he  came  as  a  senator.  How  many,  I  won 
der,  left  the  East  for  the  land  of  Golden  Dreams 
with  that  same  determination !  How  few  of  us  be 
came  Senators!  But  how  many  returned  to  the 
States! 

Directly  Broderick  landed  in  San  Francisco  he 
obtained  a  position  in  the  United  States  Mint. 
There  being  a  great  scarcity  of  coin  "Broderick 
formed  a  business  relationship  with  an  assayer  and 
at  once  began  the  manufacture  of  five  and  ten  dol 
lar  gold  pieces  or  'slugs,'  the  intrinsic  value  of  the 
metal  contained  in  each  coin  relatively  being  only 
four  dollars  and  eight  dollars.  These  bore  an  in 
scription  consisting  simply  of  the  date,  location 
of  coinage,  and  the  value  in  dollars.  They  readily 
passed  current  in  the  community,  for  they  were  far 
more  convenient  and  comfortable  than  parcels  of 
gold  dust,  even  if  every  one  knew  that  the  intrin 
sic  value  was  something  less  than  the  face  value. 
Tradespeople  received  and  paid  them  freely.  Only 
the  last  holders  could  suffer."  Broderick  "added 
to  assaying  the  manufacture  of  jewelry  and  himself 
used  a  sledgehammer  in  the  stamping-press."  1 

The  newly  arrived  citizen  immediately  plunged 
into  politics.  He  also  took  the  lead  in  organizing  a 
fire  department  and  was  elected  foreman  of  Engine 
Company  No.  1.  It  may  be  doubted  whether  worse 

1  Lynch,  p.  49. 


DAVID  COLBRITH  BRODERICK          35 

political  conditions  ever  prevailed  in  any  city  in  the 
United  States  than  those  in  San  Francisco  at  this 
time.  Broderick  determined  to  improve  them.  One 
man  who  stood  by  him  was  William  Walker,  later 
the  noted  filibuster  of  Nicaragua.  Another,  who  ap 
preciated  him  from  the  first,  was  Stephen  J.  Field. 
But  the  men  who  held  the  offices,  or  hoped  to,  the 
men  who  held  positions  and  expected  promotion, 
frowned  on  this  audacious  and  meddlesome  new 
comer;  so  Broderick  was  forced  to  take  up  with 
such  fellows  as  he  could  persuade  to  join  him. 
Among  his  henchmen  were  two  notorious  prize 
fighters, — McGowan  and  "Billy  Mulligan."  To  a 
friend  who  criticized  the  employment  of  such  agents 
Broderick  replied,  "  You  respectable  people  I  can't 
depend  on.  You  won't  go  down  and  face  the  revol 
vers  of  those  fellows  who  stuff  the  ballot-boxes  and 
steal  the  tally -lists,  so  I  have  to  take  such  material 
as  I  can  get  hold  of.  I  have  to  keep  these  fellows  to 
aid  me."  *  Meantime  Broderick  gave  little  time 
to  social  intercourse  but  devoted  every  possible 
hour  to  study.  A  writer  pronounced  him  a  "lone, 
strange,  extraordinary  man."  He  seldom  smiled, 
indulged  in  no  pleasantries,  was  never  gay  but  often 
gloomy.  He  gave  his  confidences  to  few  and 
mourned  that  he  had  no  kindred  left  on  earth.  The 
few  friends  who  were  admitted  to  intimacy  loved 
him  fervently.  Such  as  were  not  on  his  side  were 
generally  bitter  in  their  antagonism.  Broderick 
himself  was  a  good  hater  as  well  as  a  faithful  friend. 

1  Merrill's  Statement  as  quoted  by  Bancroft,  vol.  vi,  p.  678. 


36        THE  CONTEST  FOR  CALIFORNIA 

His  predominating  trait  was  intense  earnestness. 
His  life  was  full  of  adventures. 

He  had  not  been  long  in  San  Francisco  when  he 
was  elected  to  the  state  senate.  He  immediately 
became  one  of  the  foremost  members  and  was 
chosen  president  pro  tern.  The  governor  having 
resigned  and  the  lieutenant-governor  become  gov 
ernor,  the  legislature  elected  Broderick  lieutenant- 
governor  —  scarcely  a  year  after  his  arrival  in  the 
state.  It  is  conceded  that  he  made  a  most  excellent 
presiding  officer.  He  was  an  untiring  worker,  but 
the  thing  that  attracted  most  notice  during  his  first 
session  had  nothing  to  do  with  his  public  duties. 
Stephen  J.  Field  was  at  the  time  a  member  of  the 
assembly  from  Marysville.  He  had  been  challenged 
to  fight  a  duel  by  another  assemblyman  named 
Moore,  —  a  Southerner.  Judge  Field  disapproved 
of  that  method  of  settling  disputes,  but  the  senti 
ment  in  political  circles  approved  of  it,  and  as  a 
public  man  he  felt  it  incumbent  upon  him  to  stand 
as  a  champion  of  his  party,  and  fight.  He  could  find 
no  one  to  act  as  his  second,  several  pleading  that 
they  did  not  know  the  code.  While  in  this  predica 
ment  the  Judge  chanced  to  walk  into  the  senate 
chamber  one  evening,  where  he  found  Broderick 
sitting  at  his  desk,  writing.  The  two  were  ac 
quainted,  although  but  slightly.  Broderick  looked 
up,  and  said,  "Why,  Judge,  you  don't  look  well; 
what  is  the  matter?"  Judge  Field  answered,  "I  do 
not  feel  well,  for  I  have  n't  a  friend  in  the  world." 
Broderick  replied,  "What  is  it  that  worries  you?" 


DAVID  COLBRITH  BRODERICK         37 

When  the  matter  had  been  explained  Broderick 
said,  "My  dear  Field,  I  will  be  your  friend  in  this 
affair.  Go  and  write  a  note  to  Moore  at  once  and 
I  will  deliver  it."  Drury  Baldwin  was  Moore's 
"friend,"  and  upon  him  Broderick  called  with 
Judge  Field's  note.  Baldwin  replied  that  his  prin 
cipal  had  given  up  doing  anything  further  in  the 
matter.  Broderick  then  declared  that  Field  would 
rise  in  his  place  in  the  House,  and  after  giving  a 
statement  of  all  that  had  passed,  call  Moore  a  liar 
and  a  coward.  "Then,"  said  Baldwin,  "Judge 
Field  will  get  shot  in  the  same  moment."  "In  that 
case,"  replied  Broderick,  "there  will  be  others 
shot."  When  the  House  met  the  next  day  Field  was 
in  his  seat,  prepared  to  do  as  Broderick  had  said, 
who  sat  behind  him  with  several  of  his  personal 
friends,  all  armed.  Just  as  Field  rose  Moore  also 
rose,  and  the  Speaker  recognized  him.  He  made  a 
complete  apology,  —  and  there  was  no  more  chal 
lenging  during  that  session.1 

Judge  Field  in  his  reminiscences  tells  of  another 
incident,  which  occurred  the  following  spring. 
Broderick  called  on  the  Judge  at  his  hotel,  in  San 
Francisco,  and  the  two  were  taking  wine  at  the  bar, 
when  Broderick  suddenly  threw  himself  before 
Judge  Field  and  with  great  violence  pushed  him 
out  of  the  room.  Judge  Field  was  astonished  and 
indignant,  and  demanded,  "What  does  this 
mean,  Mr.  Broderick?"  Broderick  explained  that 
Vi.  Turner,  a  well-known  desperado,  had  drawn  from 

1  Early  Days  in  California,  p.  77. 


38        THE  CONTEST  FOR  CALIFORNIA 

beneath  his  Spanish  cloak  a  navy  revolver  and 
leveled  it  at  Judge  Field,  seeing  which,  Broderick 
threw  himself  between  them  and  carried  off  the 
intended  victim.1 

During  an  election  day  Broderick  was  watching 
at  the  polls  in  one  of  the  San  Francisco  districts. 
Disputes  were  frequent,  and  the  feud  vigorous  and 
vindictive,  between  the  contending  Democrats. 
Colonel  Balie  Peyton  confronted  Broderick,  and  a 
violent  altercation  ensued  over  the  ballots.  Peyton 
thrust  his  hand  in  his  hip  pocket  and  the  handle  of  a 
pistol  appeared.  But  Broderick,  who  had  his  right 
hand  in  his  trousers  pocket,  remarked  coldly  and 
deliberately,  "Move,  Colonel  Peyton,  and  you  are  a 
dead  man."  Peyton  then  knew  that  Broderick  had 
his  hand  on  a  derringer  which  carried  an  ounce 
bullet,  and  which  was  small  enough  to  be  fired 
from  his  pocket  without  drawing,  —  a  most  deadly 
weapon  in  a  street  brawl.  Peyton  stood  motionless 
until  Broderick  said,  "There  is  no  need  for  us  to 
kill  each  other  or  to  have  a  personal  difficulty.  Let 
us  take  a  boat  on  the  bay  or  a  walk  under  the  trees, 
and  talk  over  this  matter.  If  we  cannot  agree,  then 
I  am  ready  to  fight  to  the  death  or  to  any  ex 
tent  that  you  may  elect."  Peyton  consented,  and  a 
few  minutes'  conversation  apart  made  them  friends 
for  life.2 

Like  many  Tammany  men,  Broderick  was  a  good 
judge  of  real  estate,  and  his  sagacity  in  this  enabled 

1  Early  Days  in  California,  p.  82. 

2  Lynch,  p.  85. 


DAVID  COLBRITH  BRODERICK         39 

him,  together  with  his  other  engagements,  to  ac 
quire  what  for  that  time  was  considered  a  large 
fortune.  But  all  the  time  his  aim  was  for  the  Sena- 
torship.  More  than  once  he  contested.  Once  he 
succeeded  in  preventing  G win's  reelection,  but, 
unable  to  control  a  majority  of  votes,  he  brought 
about  an  adjournment  of  the  session  before  any 
choice  was  made,  and  for  a  year  there  was  but  one 
Senator  from  California.  When  the  legislature  met 
in  1857  there  were  thus  two  Senators  to  be  elected. 
Gwin  expected  the  greater  prize;  Broderick  deter 
mined  to  try  for  it.  It  is  plain  that  there  was  finally 
a  deal  between  the  two,  against  the  field.  Broderick 
got  the  long  term;  Gwin  was  chosen  for  the  va 
cancy.  When  the  new  Senator  presented  himself  to 
President  Buchanan  he  was  frigidly  received.  He 
said  to  a  friend,  "It  was  cold  without  but  icy 
within."  Gwin  may  have  observed  his  pledge  to 
allow  Broderick  to  control  the  patronage,  but 
G  win's  friends,  intimate  and  influential  at  the 
White  House,  were  determined  to  thwart  Broderick 
in  any  purpose  he  may  have  cherished  of  building 
up  a  machine  in  California  to  displace  that  estab 
lished  and  managed  by  Gwin.  The  political  divi 
sions  at  the  capital  had  long  been  accompanied  by 
social  segregation.  Formal  calls  were  sometimes 
exchanged  between  Southerners  and  such  North 
erners  as  had  the  temerity  to  differ  from  them 
respecting  politics,  but  there  was  no  sociable  feeling 
between  the  two  sets.  Senator  and  Mrs.  Gwin  were 
in  the  political  secrets  and  exclusive  social  circles  of 


40       THE  CONTEST  FOR  CALIFORNIA 

the  "chivalry."  It  was  believed  that  the  Gwins 
spent  seventy-five  thousand  dollars  a  year  in  main 
taining  their  lofty  rank  and  state.  A  fancy-dress 
ball  given  by  them  was  the  most  elaborate  function 
of  the  sort  that  had  ever  been  seen  in  Washington. 
Bancroft  declares,  what  was  generally  believed  at 
the  time,  that  Gwin  was  paid  by  the  steamship 
companies  to  thwart  or  hinder  the  construction  of 
the  overland  railroads.1  The  fraternity  of  chivalry 
took  up  the  cause  of  Gwin  and  snubbed  Broderick, 
—  despising  him,  also,  because  he  was  the  son  of  a 
stonecutter  and  had  himself  "worked  at  a  trade." 
Broderick  subsequently  gave  them  ampler  reason 
to  dislike  him. 

On  the  fourth  of  March,  1858,  Senator  Hammond 
of  South  Carolina  made  the  speech  in  which  he 
characterized  the  laborers  of  the  North  as  "white 
slaves"  and  "mudsills."2  A  fortnight  later  Mr. 
Broderick  replied  to  Mr.  Hammond  in  a  speech 
that  won  plaudits  for  the  California  Senator  all 
over  the  North  and  West.  Replying  to  Mr.  Ham 
mond's  characterizations  Mr.  Broderick  said:  — 

"Many  Senators  have  complained  of  the  Sena 
tor  from  South  Carolina  for  his  denunciations  of 
laborers  of  the  North  as  white  slaves  and  the  mud 
sills  of  society.  ...  I  suppose,  sir,  the  Senator 
from  South  Carolina  did  not  intend  to  be  personal 
in  his  remarks,  to  any  of  his  peers  upon  this  floor. 
If  I  had  thought  so  I  would  have  noticed  them  at 

1  Bancroft,  vol.  vii,  p.  264. 
Cong.  Globe,  vol.  36,  1st  Session,  35th  Congress,  p.  962. 


DAVID  COLBRITH  BRODERICK          41 

the  time.  I  am,  sir,  with  one  exception,  the  young 
est  in  years  of  the  Senators  upon  this  floor.  It  is  not 
long  since  I  served  an  apprenticeship  of  five  years 
at  one  of  the  most  laborious  mechanical  trades  pur 
sued  by  man,  —  a  trade  that  from  its  nature  devotes 
its  follower  to  thought  but  debars  him  from  conver 
sation.  I  would  not  have  alluded  to  this  if  it  were 
not  for  the  remarks  of  the  Senator  from  South 
Carolina,  and  the  thousands  who  know  that  I  am 
the  son  of  an  artisan  and  have  been  a  mechanic 
would  feel  disappointed  in  me  if  I  did  not  reply  to 
him.  I  am  not  proud  of  this.  I  am  sorry  it  is  true. 
I  would  that  I  could  have  enjoyed  the  pleasures  of 
life  in  my  boyhood  days;  but  they  were  denied  to 
me.  I  say  this  with  pain.  I  have  not  the  admiration 
for  the  men  of  the  class  from  whence  I  sprang  that 
might  be  expected ;  they  submit  too  tamely  to  op 
pression,  and  are  too  prone  to  neglect  their  rights 
and  duties  as  citizens.  ^But,  sir,  the  class  of  society 
to  whose  toil  I  was  born,  under  our  form  of  govern 
ment  will  control  the  destinies  of  this  nation.  If  I 
were  inclined  to  forget  my  connection  with  them, 
or  to  deny  that  I  sprang  from  them,  this  chamber 
would  not  be  the  place  in  which  I  could  do  either/^ 
While  I  hold  a  seat  here  I  have  but  to  look  at  the 
beautiful  capitals  adorning  the  pilasters  that  sup 
port  this  roof  to  be  reminded  of  my  father's  talent, 
and  to  see  his  handiwork."  1 

The  greatest  distinction  of  Senator  Broderick, 
which  has  permanently  established  his  fame,  was 
1  Appendix,  Cvng.  Globe,  vol.  37, 1st  Session,  35th  Congress,  p.  193. 


42        THE  CONTEST  FOR  CALIFORNIA 

his  opposition  to  the  outrageous  attempt  of  Presi 
dent  Buchanan  and  the  pro-slavery  party  to  force 
the  Lecompton  Constitution  upon  the  unwilling 
people  of  Kansas.  Only  three  Democratic  Senators 
opposed  this,  Douglas,  Stuart  of  Michigan,  and 
Broderick.  In  the  debate  Mr.  Broderick  unmis 
takably  disclosed  on  which  side  his  sympathies  lay 
in  the  conflict  between  freedom  and  slavery,  and 
which  course  he  would  be  certain  to  take  as  the 
paths  separated  and  the  lines  became  more  and 
more  sharply  drawn.  In  his  speech  on  the  twenty- 
second  of  March  he  said:  — 

"In  the  passage  of  the  Kansas-Nebraska  Bill  the 
rampart  that  protected  slavery  in  the  Southern 
territories  was  broken  down.  Northern  notions, 
Northern  ideas,  and  Northern  institutions  were 
invited  to  the  contest  for  the  possession  of  these 
territories.  How  foolish  for  the  South  to  hope  to 
contend  with  success  in  such  an  encounter.  Slav 
ery  is  old,  decrepit,  and  consumptive;  Freedom  is 
young,  strong,  and  vigorous.  The  one  is  naturally 
stationary  and  loves  ease;  the  other  is  migratory 
and  enterprising.  There  are  six  million  people 
interested  in  the  extension  of  slavery;  there  are 
twenty  million  freemen  to  contend  for  these  terri 
tories,  out  of  which  to  carve  for  themselves  homes 
where  labor  is  honorable." 

Senator  Broderick  bitterly  resented  not  only 
President  Buchanan's  treatment  of  him  personally, 
but  the  President's  subserviency  to  the  slave  power, 
at  the  time  referring  especially  to  the  attempt  to 


DAVID  COLBRITH  BRODERICK          43 

force  the  Lecompton  Constitution  upon  Kansas. 
He  said :  - 

"It  is  notorious  that  the  people  of  a  neighboring 
state  were  permitted  to  vote  at  this  election,  at 
such  precincts  and  as  often  as  they  desired.  The 
names  of  people  are  recorded  in  the  poll-lists  as 
having  voted  who  had  been  dead  for  months.  But 
why  enumerate  these  disgusting  details?  The  facts 
are  before  the  people.  They  are  known  to  the  Presi 
dent.  He  continues  to  keep  the  men  in  office  who 
are  charged  with  the  commission  of  these  frauds. 
The  result  of  all  their  enormity  is  before  us  in  the 
shape  of  this  Lecompton  Constitution  indorsed  by 
him.  Will  not  the  world  believe  he  instigated  the 
commission  of  these  frauds,  as  he  gives  strength  to 
those  who  committed  them?  This  portion  of  my 
subject  is  painful  for  me  to  refer  to.  I  wish,  sir,  for 
the  honor  of  my  country,  the  story  of  these  frauds 
could  be  blotted  from  existence.  I  hope,  in  mercy, 
sir,  to  the  boasted  intelligence  of  this  age,  the  his 
torian  when  writing  a  history  of  these  times  will 
ascribe  this  attempt  of  the  Executive  to  force  this 
constitution  upon  an  unwilling  people  to  the  failing 
intellect,  the  petulant  passion,  and  trembling  dot 
age  of  an  old  man  on  the  verge  of  the  grave."  * 

An  incident  of  this  period  throws  a  strong  light 
upon  the  character  of  Broderick.  Stephen  A.  Doug 
las,  the  famous  Senator  from  Illinois,  had  been  the 
leader  of  the  Anti-Lecompton  movement  by  such 
Democrats  as  refused  to  follow  the  Southern  chiv- 

1  Cong.  Globe,  vol.  36,  1st  Session,  35th  Congress,  p.  193. 


44       THE  CONTEST  FOR  CALIFORNIA 

airy.  Bancroft,  quoting  F.  F.  Low  (a  prominent 
man  of  California),  repeats  the  story,  thoroughly 
believed  in  Washington,  that  Douglas  at  one  time 
came  near  yielding  to  the  Administration.  Con 
gressman  John  Hickman,  hearing  that  Douglas 
intended  to  back  down,  went  to  Broderick's  room 
and  told  him  of  it.  Broderick,  thunderstruck,  raged 
like  a  lion.  He  refused,  at  first,  to  believe  the  story; 
then  in  his  imperious  way  he  ordered  Hickman  to 
find  Douglas  and  bring  him  to  his  room.  When 
Douglas  came  he  found  Broderick  pacing  the  floor. 
"Mr.  Douglas,"  said  he,  "I  hear  you  propose  to 
abandon  the  fight."  Douglas  answered,  "I  see  no 
hope  of  success;  they  will  crush  us;  and  if  they  do 
there  is  no  future  for  any  of  us,  and  I  think  we  can 
agree  upon  terms  that  will  virtually  sustain  our 
selves."  Broderick  replied,  "You  came  to  me  of 
your  own  accord,  asking  me  to  take  this  stand.  I 
have  committed  myself  against  this  infernal  Le- 
compton  Constitution.  Now,  if  you  desert  me 
(with  an  oath),  I  will  make  you  crawl  under  your 
chair  in  the  Senate."  Douglas  resolved  to  stand 
firm  and  not  to  support  the  English  Bill,  on  which 
he  was  wavering.1 

Although  Broderick  and  Gwin  had  taken  oppo 
site  sides  on  the  stirring  question  mentioned,  the 
junior's  treatment  of  Senator  Gwin  usually  was 
decorous  and  free  from  rancor.  "The  latter  was 
not  very  assiduous,  while  Broderick  never  missed 
a  session  or  a  committee  meeting.  Gwin  rather 
1  Bancroft,  vol.  vn,  p.  259. 


DAVID  COLBRITH  BRODERICK          45 

carped  at  Broderick's  oratorical  accomplishments, 
while  the  latter  replied  that  whenever  the  former 
commenced  to  read  one  of  his  dreary  exhortations 
the  chamber  was  deserted  by  all  save  the  speaker, 
Broderick,  and  one  more  Senator.  Broderick 
remained  through  courtesy  and  the  other  man 
through  pity."  1  Some  of  Broderick's  detractors 
started  the  story  that  his  speeches  were  written  by 
George  Wilkes,  —  as  absurd  as  the  scatter-brained 
nonsense  that  would  attribute  Shakespeare's  works 
to  Francis  Bacon. 

Mr.  Lynch  fairly  summarizes  as  follows :  — 
"As  a  senator  Broderick  not  only  advocated  the 
enfranchisement  of  labor,  but  stood  for  the  Home 
stead  Law;  for  the  endowment  of  mechanical  and 
agricultural  colleges  by  Congress;  for  the  construc 
tion  of  a  railway  from  the  Missouri  River  to  the 
Pacific  Ocean;  for  the  prosecution  of  peculators  in 
all  departments  of  the  Government;  and  for  general 
reform  and  retrenchment  in  public  affairs.  Among 
the  special  objects  of  his  animadversions  were 
grouped  Indian  agents,  venal  surveyors  of  public 
lands,  jobbery  by  postmasters,  and  the  rascally 
revenue  collectors  of  the  Administration,  sparing 
not  even  Buchanan  himself."  2 

A  general  election  for  state  officers  in  California 
occurred  in  September,  1859.  The  break  between 
the  pro  -  slavery  organization  of  the  Democratic 
Party  and  the  element  that  followed  Douglas  and 
Broderick  was  complete.  Broderick,  in  hopes  of 
1  Lynch,  p  191.  2  Ibid.,  p.  191. 


48        THE  CONTEST  FOR  CALIFORNIA 

attracting  anti  -  slavery  support,  persuaded  his 
followers  to  nominate  a  member  of  the  new  Repub 
lican  Party  for  governor  and  also  privately  aided 
the  canvass  of  Colonel  E.  D.  Baker,  one  of  the  two 
candidates  for  Congress.  However,  the  Republi 
cans  nominated  a  complete  ticket  and  the  pro- 
slavery  party  won  a  decisive  victory.  Milton  S. 
Latham  was  elected  governor.  Latham  was  largely 
responsible  for  the  scheme  to  cut  the  state  in  two, 
with  the  expectation  that  the  southern  half  would 
be  given  over  to  slavery.  He  boasted  that  Cali 
fornia  possessed  resources  not  belonging  to  any 
other  state  of  the  Union,  and  declared  it  was  quali 
fied  for  independence.  In  a  public  address  he  had 
asked:  "Why  should  we  trust  to  the  management 
of  others  what  we  are  able  to  do  ourselves?  Why 
depend  on  North  or  South  to  regulate  our  affairs? 
—  and  this,  too,  after  the  North  and  South  have 
proved  themselves  incapable  of  living  in  harmony 
with  one  another?"  1 

For  reasons  of  prudence  the  idea  of  uniting  with 
the  South  —  as  Virginia  and  some  of  the  later 
states  to  secede  joined  the  Confederate  Govern 
ment  at  Montgomery  —  was  kept  in  the  back 
ground.  California  was  to  rebel  if  the  South  led 
the  way,  but  was  at  first  to  unite  with  contigu 
ous  states  and  territories  and  set  up  the  Pacific 
Republic.  It  was  this  Latham  was  preparing  the 
public  mind  for,  in  his  speeches  and  declara 
tions. 

1  Bancroft,  vol.  vn,  p.  260. 


DAVID  COLBRITH  BRODERICK          47 

"For  the  first  time  Broderick  canvassed  the 
state,  addressing  the  people.  Very  likely  his  sojourn 
in  the  Senate  and  contact  with  ready  and  fluent 
orators  had  furnished  him  with  courage  and  a 
certain  aptitude.  He  spoke  frequently  in  a  clear, 
sonorous  voice,  distinctly  heard.  His  enunciation 
was  deliberate  and  his  elocution  good.  He  seldom 
gesticulated  and  never  played  cadence  with  his 
sentences,  —  the  orator's  charm.  Not  a  jest,  not  a 
smile,  but  intensely  resolved;  grand,  gloomy,  and 
peculiar,  as  Shiel  said  of  Napoleon.  He  accused 
Gwin  of  several  public  transactions  as  Senator 
which  were  prompted  by  venal  ambitions;  he 
delved  into  details  on  these  matters;  challenged 
Gwin  to  a  public  debate  before  the  populace;  and 
summed  up  his  sins  and  crimes  with  the  phrase 
'dripping  with  corruption.'  Gwin,  who  was  also 
active  in  the  campaign,  replied  with  vigor  and 
acerbity,  and  the  conflict  became  bitterly  personal 
and  acrimonious.  Latham,  who  had  been  a  candi 
date  for  Senator  when  Broderick  and  Gwin  were 
elected,  and  who  was  now  leading  his  campaign  for 
the  governorship,  made  a  second  antagonist  of 
Broderick.  He  was  of  the  North  with  Southern 
prejudices  and  predilections,  and  supported  Gwin, 
for  therein  lay  advancement;  but  he  was  neither 
loved  by  the  one  nor  hated  by  the  other  to  a  per 
nicious  degree."  1 

In  a  meeting  at  Shasta  Broderick  said:  "I  now 
return  to  Gwin,  and  I  shall  be  brief.  I  will  give  you 
1  Lynch,  pp.  76,  77. 


48        THE  CONTEST  FOR  CALIFORNIA 

the  copy  of  the  letter  that  I  believe  led  to  the  death 
of  W.  L.  Ferguson.1  Do  you  believe  it  was  for 
nothing  that  Ferguson's  desk  in  the  Senate  Cham 
ber  at  Sacramento  was  broken  open  immediately 
after  his  decease?  On  his  deathbed  Ferguson  told 
General  Estell  where  he  could  find  the  letter.  A 
curse  has  followed  that  letter,  and  I  now  give  it  to 
the  public  that  the  curse  may  return  to  its  author, 
—  that  its  disgrace  and  shame  may  burn  the  brand 
upon  his  forehead  even  as  plainly,  as  palpably  as 
the  scarlet  letter  burned  upon  the  breast  of  Hester 
Prynne.  Let  Dr.  Gwin  or  any  of  his  set  deny  its 
authority  and  I  will  prove  that  he  wrote  it,  letter 
for  letter,  column  for  column."  2 

The  letter,  written  by  Gwin  to  Broderick,  was 
dated  the  eleventh  of  January,  1857.  In  it  he 
made  the  following  pledge :  — 

"Provided  I  am  elected  you  shall  have  the  exclu 
sive  control  of  this  patronage,  so  far  as  I  am  con 
cerned;  and  in  its  distribution  I  shall  only  ask  that 
it  may  be  used  with  magnanimity  and  not  for  the 
advantage  of  those  who  have  been  our  mutual 
enemies  and  unwearied  in  their  efforts  to  destroy 
us."  3 

A  quarrel  with  graver  results  sprang  up  between 
Senator  Broderick  and  David  S.  Terry.  Terry, 
although  chief  justice  of  the  supreme  court  of  the 

1  A  brilliant  young  member  of  the  legislature,  who,  although  a 
Democrat,  had  offended  the  "chivalry"  and  had  been  disposed  of  in 
a  duel. 

2  Lynch,  p.  190.  8  Ibid.,  p.  156. 


DAVID  COLBRITH  BRODERICK         49 

state,  saw  no  impropriety  in  making  an  active 
stumping  tour.  He  was  born  on  a  cotton  planta 
tion  in  Kentucky  and  spent  part  of  his  youth  on 
another  in  Mississippi.  Thence  he  went  to  Texas 
and  joined  the  forces  of  Sam  Houston.  Later  he 
studied  law  and  was  admitted  to  the  bar.  He  served 
under  General  Taylor  in  Mexico,  and  after  the  war 
entered  California  at  the  head  of  a  company  of 
Texans.  He  settled  in  the  city  of  Stockton  and 
began  the  practice  of  his  profession.  He  at  once 
became  active  in  politics  and  was  a  rabid  South 
erner.  At  the  beginning  of  the  Civil  War  he  went 
East  and  enlisted  in  the  army  of  the  Confederacy. 
He  raised  a  regiment  in  Texas,  and  at  one  time  was 
on  the  staff  of  General  Bragg.  After  the  collapse  of 
the  rebellion  he  resided  for  a  time  in  Mexico,  but 
in  1869  he  returned  to  California  and  again  took 
up  the  law.  For  a  second  wife  he  married  the  claim 
ant  of  the  Sharon  estate.  He  was  shot  to  death  by 
Special  Officer  Nagle,  who  had  been  detailed  to 
guard  Justice  Field,  of  the  United  States  Supreme 
Court,  and  who  saw  Terry  approaching  the  Justice 
with  the  evident  and  undoubted  purpose  of  shoot 
ing  him. 

In  the  campaign  of  1859  Judge  Terry  was  es 
pecially  abusive  of  the  opponents  of  the  regular 
Democratic  organization.  In  one  of  his  speeches, 
referring  to  the  Douglas  Democrats,  he  described 
them  as  "A  miserable  remnant  of  a  faction,  sailing 
under  false  colors,  trying  to  obtain  votes  under 
false  pretense.  .  .  .  They  are  the  followers  of  one 


50       THE  CONTEST  FOR  CALIFORNIA 

man,  the  chattels  of  a  single  individual  whom  they 
are  ashamed  of.  They  belong,  heart  and  soul,  body 
and  breeches,  to  David  C.  Broderick.  They  are 
yet  ashamed  to  acknowledge  their  master,  and  are 
calling  themselves,  forsooth,  Douglas  Democrats. 
.  .  .  Perhaps  I  am  mistaken  in  denying  their  right 
to  claim  Douglas  as  their  leader.  Perhaps  they  do 
sail  under  the  flag  of  Douglas,  but  it  is  the  banner 
of  the  Black  Douglass,  whose  name  is  Frederick, 
not  Stephen."  1 

Senator  Broderick  read  this  in  his  morning  paper 
while  breakfasting  at  the  International  Hotel  in 
San  Francisco,  and  remarked  that  he  had  at  one 
time  upheld  Terry  as  the  only  honest  man  on  the 
supreme  bench,  but  he  now  took  back  his  former 
opinion.  Even  in  a  community  where  the  duel  was 
frequent  this  remark  was  far  short  of  sufficient 
ground  for  a  challenge.  However,  there  were  imme 
diately  upstart  efforts  to  embroil  Broderick.  It 
was  common  belief  throughout  the  state  that  the 
chivalry  had  determined  to  make  away  with  him, 
and  it  was  agreed  that  Terry,  who  was  a  dead  shot, 
would  make  a  sure  thing  of  it  if  he  undertook  the 
job.  Terry,  who  had  but  a  short  time  to  serve 
before  the  expiration  of  his  term  of  office,  resigned, 
and  at  once  sent  his  challenge.  Mr.  Lynch  has  been 
at  great  pains  to  ascertain  and  collate  every  fact 
relative  to  this,  the  most  sensational  tragedy  that 
ever  occurred  on  the  Pacific  Coast.  The  purpose  of 
this  book  does  not  require  that  his  elaborate  narra- 

1  Bench  and  Bar,  chapter  xxi. 


DAVID  COLBRITH  BRODERICK          51 

live  should  appear  in  full,  but  I  am  mainly  indebted 
to  him  for  the  account  I  shall  give.  It  appears  that 
Broderick's  seconds,  although  cool,  brave  men, 
were  entirely  without  experience  in  arranging  a 
duel,  and  did  not  know  that  a  man  should  be 
groomed  for  one  as  carefully  as  a  horse  is  groomed 
for  a  race.  The  pistols  were  the  Lafoucheux  type, 
a  well-known  Belgian  make,  with  barrels  twelve 
inches  in  length.  The  stock  or  breech  construction 
was  different  from  that  of  American  dueling-pis 
tols.  Hence  the  man  who  had  never  handled  them 
nor  adjusted  the  stock  to  his  hand  would  be  at 
a  disadvantage.  They  had  been  used  in  an  earlier 
duel  in  the  state,  when  it  was  developed  that  the 
hair  trigger  of  one  of  the  pistols  was  so  light  and 
delicate  that  the  pistol  would  be  discharged  even 
on  a  sudden  jar  or  motion,  without  touching  the 
trigger.  When  the  duel  was  decided  upon,  Terry 
went  to  the  owner  of  these  pistols  and  together  they 
practiced  with  them  until  the  chivalrous  judge 
doubtless  became  aware  of  the  tricky  fault  in  one 
of  them.1  At  the  meeting,  which  occurred  in  San 
Mateo  County,  about  ten  miles  from  San  Francisco, 
Terry's  seconds  won  the  selection  of  weapons. 
Article  VIII,  providing  for  the  choice  of  pistols, 
was  not  fulfilled,  as  Broderick's  seconds  did  not 
demand  it.  Terry's  seconds,  aware  of  the  difference 
in  the  pieces,  selected  one  for  their  principal.  Brod- 

1  These  pistols  subsequently  came  into  possession  of  a  friend 
of  mine  in  New  York  City  who  corroborates  the  statement  of  the 
defect  in  one.  — E.  R.  K. 


4 


52       THE  CONTEST  FOR  CALIFORNIA 

erick's  seconds  stated  in  a  public  letter  the  day  after 
the  duel  that  had  they  known  that  one  of  the  weap 
ons  was  lighter  on  the  trigger  than  the  other  they 
would  not  have  permitted  the  duel.  The  day  after, 
on  his  deathbed,  Broderick  said  that  he  did  not 
touch  the  trigger  of  the  pistol  as  he  raised  it,  but 
that  the  sudden  movement  in  elevating  his  arm 
from  the  vertical  position  caused  the  weapon  to 
explode  and  the  bullet  plunged  into  the  ground. 
After  Broderick's  fall  Terry  said  to  Calhoun  Ben- 
ham,  one  of  his  seconds,  "The  wound  is  not  mortal. 
I  have  hit  two  inches  too  far  out."  Broderick  was 
shot  on  Tuesday  morning  and  died  Friday  morning, 
the  sixteenth  of  September.  As  he  lapsed  into 
death's  lethargy  he  exclaimed,  "I  die;  protect  my 
honor."  l 

The  death  of  Broderick  and  all  the  circumstances 
leading  up  to  the  occurrence  aroused  intense  excite 
ment  throughout  the  state.  Terry  was  arrested, 
but  was  admitted  to  bail.  Trial  was  postponed 
from  time  to  time,  but  was  finally  set  down  for  a 
day  in  June,  nearly  ten  months  after  the  shoot-1 
ing.  Then  a  change  of  venue  to  another  county  was 
granted.  On  the  day  fixed  for  the  trial  the  witnesses 
for  the  prosecution  were  embarked  in  a  sailing  boat 
for  the  location  of  the  court-house  and  were  be 
calmed  on  San  Francisco  Bay,  so  that  they  were 
somewhat  late  in  arriving.  The  district  attorney 
did  not  request  or  even  suggest  a  postponement  or 

1  Some  details  are  taken  from  the  books  of  Oscar  T.  Shuck,  of  the 
San  Francisco  Bar. 


DAVID   COLBRITH  BRODERICK         53 

a  brief  delay,  but  declared  that  he  could  not  secure 
the  attendance  of  his  witnesses  and  therefore 
moved  a  nolle  prosequi,  which  the  presiding  judge 
(who  was  afterwards  impeached  and  removed  for 
disloyalty)  promptly  granted.  Terry  was  immedi 
ately  released.  The  witnesses  arrived  shortly  after.  J 

Senator  Broderick's  funeral,  on  the  eighteenth  of 
September,  drew  together  much  the  greatest  public 
assemblage  that  had  at  that  time  ever  taken  place 
on  the  Pacific  Coast.  The  state  and  city  govern 
ments,  the  militia  and  the  fire  department,  civic 
bodies  and  fraternal  orders,  almost  the  entire  popu 
lation  of  San  Francisco,  and  thousands  from  other 
towns,  united  in  the  demonstration.  No  one  but 
Colonel  Baker  could  have  been  thought  of  to  de 
clare  the  general  grief  and  utter  the  sentiments  of 
the  people.  Baker's  oration  was  equal  to  the  occa 
sion.  Edward  Stanly,  one  of  the  most  eminent 
lawyers  and  highly  respected  citizens  of  California, 
said,  "I  have  read  no  effort  of  that  character,  called 
out  by  such  an  event,  so  admirable,  so  touching,  so 
worthy  the  sweet  eloquence  of  Baker.  It  should 
crown  him  with  immortality." 

George  Wilkes,  a  prominent  publicist  of  the 
period,  wrote:  "At  the  foot  of  the  coffin  stood  the 
priest;  at  its  head,  and  so  he  could  gaze  fully  on 
the  face  of  his  dead  friend,  stood  the  fine  figure  of 
the  orator.  .  .  .  For  minutes  after  the  vast  throng 
had  settled  itself  to  hear  his  words  the  orator  did 
not  speak.  He  did  not  look  in  the  coffin,  —  nay, 
neither  to  the  right  nor  left;  but  the  gaze  of  his 


54        THE  CONTEST  FOR  CALIFORNIA 

fixed  eye  was  turned  within  his  mind  and  the  tear 
was  upon  his  cheek.  Then,  when  the  silence  was 
most  intense,  his  tremulous  tones  rose  like  a  wail, 
and  with  an  uninterrupted  stream  of  lofty,  burning, 
and  pathetic  words  he  so  penetrated  and  possessed 
the  hearts  of  the  sorrowing  multitude  that  there 
was  not  one  cheek  less  moistened  than  his  own." 
Mr.  Wilkes  adds  that  when  Colonel  Baker  had 
finished  "the  multitude  broke  into  a  general  re 
sponse  of  sobs." 

Colonel  Baker,  after  a  few  words  of  introduction, 
declared  that  it  was  not  fit  that  such  a  man  should 
pass  to  the  tomb  unheralded;  it  was  not  fit  that 
such  a  life  should  steal  unnoticed  to  its  close;  it  was 
not  fit  that  such  a  death  should  call  forth  no  rebuke 
or  be  followed  by  no  public  lamentation.  It  was 
this  conviction  which  impelled  the  gathering  of  this 
assemblage.  "Around  him  are  those  who  have 
known  him  best  and  loved  him  longest;  who  have 
shared  the  triumph  and  endured  the  defeat.  Near 
him  are  the  gravest  and  noblest  of  the  state,  pos 
sessed  by  a  grief  at  once  earnest  and  sincere;  while 
beyond,  the  masses  of  the  people  whom  he  loved 
and  for  whom  his  life  was  given  gather  like  a  thun 
dercloud  of  swelling  and  indignant  grief." 

The  speaker  here  briefly  narrated  the  main 
events  of  Broderick's  life,  and  continued : — 

"Up  to  the  time  of  his  arrival  in  California  his 
life  had  been  passed  amid  events  incident  to  such  a 
character.  Fearless,  self-reliant,  open  in  his  enmi 
ties,  warm  in  his  friendships,  wedded  to  his  opin- 


DAVID  COLBRITH  BRODERICK         55 

ions,  and  marching  directly  to  his  purpose,  through 
and  over  all  opposition,  his  career  was  checkered 
with  success  and  defeat;  but  even  in  defeat  his 
energies  were  strengthened  .and  his  character  de 
veloped.  .  .  .  From  that  time  there  congregated 
around  him  and  against  him  the  elements  of  success 
and  defeat,  —  strong  friendships,  bitter  enmities, 
high  praise,  malignant  calumnies;  but  he  trod  with 
a  free  and  a  proud  step  that  onward  path  which  has 
led  him  to  glory  and  the  grave.  It  would  be  idle  for 
me  at  this  hour  and  in  this  place  to  speak  all  that 
history  with  unmitigated  praise;  it  will  be  idle  for 
his  enemies  hereafter  to  deny  his  claim  to  noble 
virtues  and  high  purposes." 

After  referring  to  some  of  the  chief  acts  of  legis 
lation,  Federal  and  state,  in  which  Broderick  had 
participated,  Colonel  Baker  said:  - 

"  It  is  impossible  to  speak  within  the  limits  of  this 
address  of  the  events  of  that  session  of  the  legis 
lature  at  which  he  was  elected  to  the  Senate  of  the 
United  States;  but  some  things  should  not  be 
passed  in  silence  here.  The  contest  between  him 
and  the  present  Senator 1  had  been  bitter  and  per 
sonal.  He  had  triumphed.  He  had  been  wonder 
fully  sustained  by  his  friends  and  stood  confessedly 
the  first  in  honor  and  the  first  in  place.  He  yielded 
to  an  appeal  made  to  his  magnanimity  by  his  foe. 
If  he  judged  unwisely  he  has  paid  the  forfeit  well. 
Never  in  the  history  of  political  warfare  has  any 
public  man  been  so  pursued ;  never  has  malignity  so 
exhausted  itself. 

1  William  M.  Gwin. 


56        THE  CONTEST  FOR  CALIFORNIA 

"Fellow  citizens,  the  man  whose  body  lies  be 
fore  you  was  your  Senator.  From  the  moment  of 
his  election  his  character  has  been  maligned,  his 
motives  attacked,  his  courage  impeached,  his  pa 
triotism  assailed.  It  has  been  a  system  tending  to 
one  end  —  and  the  end  is  here.  What  was  his 
crime?  Review  his  history  —  consider  his  public 
acts  —  weigh  his  private  character  —  and  before 
the  grave  incloses  him  forever  judge  between  him 
and  his  enemies.  As  a  man  —  to  be  judged  in  his 
private  relations  —  who  was  his  superior?  It  was 
his  boast  —  and  amid  the  general  license  of  a  new 
country  it  was  a  proud  one  —  that  his  most  scruti 
nizing  enemy  could  fix  no  single  act  of  immorality 
upon  him.  Temperate,  decorous,  self -res  trained, 
he  had  passed  through  all  the  excitements  of  Cali 
fornia  unstained.  No  man  could  charge  him  with 
broken  faith  or  violated  trust.  Of  habits  simple  and 
inexpensive,  he  had  no  lust  of  gain.  He  overreached 
no  man's  weakness  in  a  bargain  and  withheld  from 
no  man  his  just  dues.  Never  in  the  history  of  the 
state  has  there  been  a  citizen  who  has  borne  public 
relations  more  stainless  in  all  respects  than  he.  But 
it  is  not  by  this  standard  he  is  to  be  judged.  He  was 
a  public  man  and  his  memory  demands  a  public 
judgment.  What  was  his  public  crime?  The  answer 
is  in  his  own  words : '  I  die  because  I  was  opposed  to 
a  corrupt  administration  and  the  extension  of  slav 
ery.'  Fellow  citizens,  they  are  remarkable  words,  ut 
tered  at  a  very  remarkable  moment;  they  involve 
the  history  of  his  senatorial  career  and  of  its  sad  and 
bloody  termination. 


DAVID  COLBRITH  BRODERICK  57 

"When  Mr.  Broderick  entered  the  Senate  he  had 
been  elected  at  the  beginning  of  a  presidential  term 
as  the  friend  of  the  President-elect,1  having  un 
doubtedly  been  one  of  his  most  influential  support 
ers.  There  were  unquestionably  some  things  in  the 
exercise  of  the  appointing  power  which  he  could 
have  wished  otherwise;  but  he  had  every  reason  to 
remain  with  the  Administration  which  could  be 
supposed  to  weigh  with  a  man  in  his  position.  .  .  . 
But  when  in  his  judgment  the  President  betrayed 
his  obligations  to  his  party  and  country  -  -  when  in 
the  whole  series  of  acts  in  relation  to  Kansas  he 
proved  recreant  to  his  pledges  and  instructions  — 
when  the  whole  power  of  the  Administration  was 
brought  to  bear  upon  the  legislative  branch  of  the 
Government  in  order  to  force  slavery  upon  an 
unwilling  people  —  then  in  the  high  performance  of 
his  duty  as  a  senator  he  rebuked  the  Administra 
tion  by  his  voice  and  vote  and  stood  by  his  princi 
ples.  It  is  true,  he  adopted  no  halfway  measures. 
He  threw  the  whole  weight  of  his  character  into  the 
ranks  of  the  opposition.  He  endeavored  to  arouse 
the  people  to  an  indignant  sense  of  the  iniquitous 
tyranny  of  Federal  power,  and,  kindling  with  the 
contest,  became  its  fiercest  and  firmest  opponent, 
Fellow  citizens,  whatever  may  have  been  your 
political  predilections,  it  is  impossible  to  repress 
your  admiration  as  you  review  the  conduct  of  the 
man  who  lies  hushed  in  death  before  you.  You  read 
in  his  history  a  glorious  imitation  of  the  great  popu- 
1  James  Buchanan. 


58        THE  CONTEST  FOR  CALIFORNIA 

lar  leaders  who  have  opposed  the  despotic  influ 
ences  of  power  in  other  lands  and  in  our  own.  .  .  . 
"Fellow  citizens,  let  no  man  suppose  that  the 
death  of  the  eminent  citizen  of  whom  I  speak  was 
caused  by  any  other  reason  than  that  to  which  his 
own  words  assign  it.  It  has  been  long  foreshadowed 

—  it  was  predicted  by  his  friends  —  it  was  threat 
ened  by  his  enemies;  it  was  the  consequence  of 
intense  political  hatred.    His  death  was  a  politi- 

N  cal  necessity  poorly  veiled  beneath  the  guise  of  a 
private  quarrel.  Here,  in  his  own  state,  among 
those  who  witnessed  the  late  canvass,  who  know  the 
contending  leaders;  among  those  who  know  the 
antagonists  on  the  bloody  ground  —  here  the  pub 
lic  conviction  is  so  thoroughly  settled  that  nothing 
need  be  said.  Tested  by  the  correspondence  itself 
there  was  no  cause  in  morals,  in  honor,  in  taste,  by 
any  code,  by  the  custom  of  any  civilized  land  — 
there  was  no  cause  for  blood.  .  .  . 

"In  the  contest  which  has  just  terminated  in  the 
state,  Mr.  Broderick  had  taken  a  leading  part;  he 
had  been  engaged  in  controversies  very  personal  in 
their  nature,  because  the  subjects  of  public  discus 
sion  had  involved  the  character  and  conduct  of 
many  public  and  distinguished  men.  But  Judge 
Terry  was  not  one  of  these.  He  was  no  contestant; 
his  conduct  was  not  in  issue;  he  had  been  mentioned 
but  once,  incidentally,  — in  reply  to  his  own  attack, 

—  and,  except  as  it  might  be  found  in  his  peculiar 
traits  or  peculiar  fitness,  there  was  no  reason  to 
suppose  that  he  would  seek  any  man's  blood.  .  .  . 


DAVID   COLBRITH  BRODERICK         59 

"Fellow  citizens,  one  year  ago  to-day  I  per 
formed  a  duty  such  as  I  perform  to-day,  over  the 
remains  of  Senator  Ferguson,  who  died,  as  Brod- 
erick  died,  tangled  in  the  meshes  of  the  'code  of 
honor.'  To-day  there  is  another  and  more  eminent 
sacrifice.  To-day  I  renew  my  protest;  to-day  I 
utter  yours.  The  'code  of  honor'  is  a  delusion  and 
a  snare;  it  palters  with  the  hope  of  a  true  courage 
and  binds  it  at  the  feet  of  crafty  and  cruel  skill.  It 
surrounds  its  victim  with  the  pomp  and  grace  of  the 
procession,  but  leaves  him  bleeding  on  the  altar. 
It  substitutes  cold  and  deliberate  preparation  for 
courageous  and  manly  impulse,  and  arms  the  one  to 
disarm  the  other.  It  may  prevent  fraud  between 
practiced  duelists,  who  should  be  forever  without 
its  pale,  but  it  makes  the  mere  '  trick  of  the  weapon ' 
superior  to  the  noblest  cause  and  the  truest  cour 
age.  Its  pretense  of  equality  is  a  lie;  —  it  is  equal  in 
all  the  form,  it  is  unjust  in  all  the  substance.  The 
habitude  of  arms,  the  early  training,  the  frontier 
life,  the  border  war,  the  sectional  custom,  the  life 
of  leisure,  —  all  these  are  advantages  which  no 
negotiation  can  neutralize  and  which  no  courage 
can  overcome. 

"But,  fellow  citizens,  the  protest  is  not  only 
spoken  in  your  words  and  in  mine;  it  is  written  in 
indelible  characters;  it  is  written  in  the  blood  of 
Gilbert,  in  the  blood  of  Ferguson,  in  the  blood  of 
Broderick;  and  the  inscription  will  not  altogether 
fade. 

"With  the  administration  of  the  code  in  this 


60       THE  CONTEST  FOR  CALIFORNIA 

particular  case  I  am  not  here  to  deal.  Amid  pas 
sionate  grief  let  us  strive  to  be  just.  I  give  no  cur 
rency  to  rumors,  of  which,  personally,  I  know 
nothing;  there  are  other  tribunals  to  which  they 
may  well  be  referred,  and  this  is  not  one  of  them.1 
But  I  am  here  to  say  that  whatever  in  the  code  of 
honor  or  out  of  it  demands  or  allows  a  deadly  com 
bat  where  there  is  not  in  all  things  entire  and  cer 
tain  equality,  is  a  prostitution  of  the  name,  is  an 
evasion  of  the  substance,  and  is  a  shield  blazoned 
with  the  name  of  chivalry  to  cover  the  malignity 
of  murder. 

"And  now  as  the  shadows  turn  toward  the  east, 
and  we  prepare  to  bear  these  poor  remains  to  their 
silent  resting-place,  let  us  not  seek  to  repress  the 
generous  pride  which  prompts  a  recital  of  noble 
deeds  and  manly  virtues.  He  rose  unaided  and 
alone.  He  began  his  career  without  family  or  for 
tune,  in  the  face  of  difficulties.  He  inherited  pov 
erty  and  obscurity.  He  died  a  Senator  in  Congress, 
having  written  his  name  in  the  history  of  the  great 
struggles  for  the  rights  of  the  people  against  the 
despotism  of  organization  and  the  corruption  of 
power.  He  leaves  in  the  hearts  of  his  friends  the 
tenderest  and  the  proudest  recollections.  He  was 
honest,  faithful,  earnest,  sincere,  generous,  and 
brave.  He  felt  in  all  the  great  crises  of  his  life  that 
he  was  a  leader  in  the  ranks;  that  it  was  his  high 
duty  to  uphold  the  interests  of  the  masses;  that  he 

1  These,  so  far  as  they  ultimately  became  established   historical 
facts,  are  mentioned  on  pages  51  and  52. 


DAVID  COLBRITH  BRODERICK          61 

could  not  falter.  When  he  returned  from  that  fatal 
field,  while  the  dark  wing  of  the  Archangel  of  Death 
was  casting  its  shadows  upon  his  brow,  his  greatest 
anxiety  was  as  to  the  performance  of  his  duty.  He 
felt  that  all  his  strength  and  all  his  life  belonged  to 
the  cause  to  which  he  had  devoted  them.  'Baker/ 
said  he  —  and  to  me  they  were  his  last  words  - 
'  Baker,  when  I  was  struck  I  tried  to  stand  firm,  but 
the  blow  blinded  me,  and  I  could  not.'  I  trust  it  is 
no  shame  to  my  manhood  that  tears  blinded  me  as 
he  said  it.  Of  his  last  hour  I  have  no  heart  to  speak. 
He  was  the  last  of  his  race;  there  was  no  kindred 
hand  to  smooth  his  couch  or  wipe  the  death  damp 
from  his  brow;  but  around  that  dying  bed  strong 
men,  the  friends  of  early  manhood,  the  devoted 
adherents  of  later  life,  bowed  in  irrepressible  grief 
'and  lifted  up  their  voices  and  wept.' 

"But,  fellow  citizens,  the  voice  of  lamentation  is 
not  uttered  by  private  friendship  alone;  the  blow 
that  struck  his  manly  breast  has  touched  the  heart 
of  a  people,  and  as  the  sad  tidings  spread,  a  general 
gloom  prevails.  Who  now  shall  speak  for  Califor 
nia?  --  who  be  the  interpreter  of  the  wants  of  the 
Pacific  Coast?  Who  can  appeal  to  the  communities 
of  the  Atlantic  who  love  free  labor?  Who  can  speak 
for  masses  of  men  with  a  passionate  love  for  the 
classes  from  whence  he  sprang?  Who  can  defy 
the  blandishments  of  power,  the  insolence  of  office, 
the  corruption  of  administrations?  What  hopes  are 
buried  with  him  in  the  grave! 

"But  the  last  word  must  be  spoken,  and  the 


62        THE  CONTEST  FOR  CALIFORNIA 

imperious  mandate  of  Death  must  be  fulfilled. 
Thus,  O  brave  heart,  we  bear  thee  to  thy  rest. 
Thus,  surrounded  by  tens  of  thousands,  we  leave 
thee  to  the  equal  grave.  As  in  life  no  other  voice 
among  us  so  rang  its  trumpet  blast  upon  the  ear 
of  freemen,  so  in  death  its  echoes  will  reverberate 
amid  our  mountains  and  valleys  until  truth  and 
valor  cease  to  appeal  to  the  human  heart. 
"Good  friend!  true  hero!  hail  and  farewell." 
Haun,  the  person  who  was  appointed  to  succeed 
Broderick  in  the  Senate,  in  announcing  his  prede 
cessor's  death  spoke  of  him  as  "having  fallen  in 
an  unfortunate  conflict,  which  was  engendered  by 
the  use  of  unguarded  expressions  by  the  deceased, 
personal  in  their  character,  towards  another  dis 
tinguished  gentleman."  1  Senator  Crittenden,  of 
Kentucky,  in  his  remarks,  said,  "In  this  body,  so 
far  as  I  could  judge,  and  so  far  as  my  testimony 
may  go,  his  conduct  seemed  to  be  that  of  an  up 
right,  bold,  faithful  public  servant.  ...  He  spoke 
what  he  thought  and  he  spoke  it  like  a  man.  He 
was  a  man,  and  we  shall  not  look  upon  his  like 
again."  2  Senator  Seward,  of  New  York,  also  paid 
a  fine  tribute  to  the  memory  of  the  deceased  Sena 
tor.  He  said  in  part:  "Mr.  President,  the  great 
national  event  of  our  day,  I  think,  is  the  extension 
of  our  empire  over  the  interior  of  a  continent,  from 
the  border  of  Missouri  to  the  Pacific  Ocean.  He 
who  shall  write  its  history  will  find  materials  copi- 

1  Cong.  Globe,  1st  Session,  36th  Congress,  part  1,  p.  748. 

2  Ibid.,  p.  748. 


DAVID  COLBRITH  BRODERICK          63 

ous  and  fruitful  of  incidents  upon  the  integrity 
of  the  American  nation  and  destiny  of  the  Ameri 
can  people.  He  will  altogether  fail,  however,  if  he 
do  not  succeed  in  raising  Houston  and  Rusk  and 
Broderick  to  the  rank  among  organizers  of  our 
states  which  the  world  has  assigned  to  Winthrop 
and  Villiers,  Raleigh  and  Penn,  Baltimore  and 
Oglethorpe.  ...  I  never  have  known  a  man  more 
jealous  of  his  honor,  or  one  who  could  so  ill  endure 
to  be  an  object  of  pity  or  compassion  in  misfortune 
or  disappointment.  I  leave  him,  therefore,  in  his 
early  grave,  content  to  confine  my  expressions  of 
grief  within  the  bounds  of  sorrow  for  the  loss  of  a 
friend,  than  whom  none  more  truthful  and  honest 
survives;  a  senator,  than  whom  none  more  incor 
ruptible  ever  entered  these  halls;  and  a  statesman, 
who,  though  he  fell  too  soon  for  a  nation's  hopes, 
yet,  like  Hamilton,  left  behind  him  noble  monu 
ments  well  and  completely  finished."  1 

1  Cong.  Globe,  1st  Session,  36th  Congress,  part  1,  pp.  748, 749. 


CHAPTER  IV 

INKLINGS    OF    SECESSION  —  EARLY    MOVES    IN    THE 

GAME 

GWIN,  having  seen  his  party  triumph  and  his  most 
troublesome  opponent  removed  by  assassination,  ar 
ranged  for  a  continuance  of  the  espionage  upon  his 
army  of  office-holders  and  returned  to  the  national 
capital.  Speaking  in  the  Senate,  on  the  thir 
teenth  of  December,  1859,  shortly  after  his  arrival, 
he  said:  — 

"I  believe  that  the  slaveholding  states  of  this 
confederacy  can  establish  a  separate  and  independ 
ent  government  that  will  be  impregnable  to  the 
assaults  of  all  foreign  enemies.  They  have  the  ele 
ments  of  power  within  their  own  boundaries  and 
the  elements  of  strength  in  those  very  institutions 
which  are  supposed  in  the  North  to  be  their  weak 
ness.  ...  I  say  that  a  dissolution  of  the  Union  is 
not  impossible,  that  it  is  not  impracticable,  and 
that  the  Northern  States  are  laboring  under  a  delu 
sion  if  they  think  that  the  Southern  States  cannot 
separate  from  them  either  violently  or  peaceably; 
violently  if  necessary.  They  can  take  possession  of 
all  the  public  property  within  their  limits  and  pre 
pare  against  any  aggression  from  the  non-slave- 
holding  states  or  any  power  that  may  choose  to 
infringe  upon  what  they  conceive  to  be  their  rights. 


DAVID    COLBRITH    BRODERICK 


INKLINGS  OF  SECESSION  65 

It  is  because  I  believe  they  can  separate,  and  that 
they  will  separate  in  the  event  to  which  I  have 
alluded,  that  I  have  referred  to  the  speech  of  the 
Senator  from  Alabama  as  a  warning  to  every  man 
who  loves  this  Union  that  now  is  the  time  to  present 
the  question  in  its  true  form,  and  that  the  election 
of  a  Republican  President  is  the  inevitable  destruc 
tion  of  this  confederacy." 

Doctor  Gwin  reminded  the  Senate  that  although 
the  recent  elections  had  been  favorable  to  the 
Republican  Party  in  "every  state  on  the  Atlantic 
border"  (a  careless  error,  oblivious  of  the  Caro- 
linas,  Georgia,  and  Florida),  the  Pacific  States  had 
not  fallen  in  with  that  trend.  Looking  back  upon 
the  larceny  of  United  States  Government  proper 
ties  by  the  seceding  states,  it  is  obvious  that  Gwin 
was  fully  aware  of  the  purpose  of  the  secession 
leaders  and  came  near  making  an  indiscreet  dis 
closure  of  that  purpose.  In  closing  his  speech  he 
referred  again  to  the  probability  that  the  Southern 
States  would  "take  possession  of  all  the  govern 
ment  establishments  that  are  within  their  borders, 
as  in  my  judgment  they  will,  in  the  event  of  the 
election  of  a  Republican  President,  before  his  instal 
lation"  He  added,  "By  waiting  they  put  them 
selves  in  the  power  of  the  Federal  Government;  but 
by  preparing  for  the  event  in  advance  they  put  it 
out  of  the  power  of  any  government  on  the  face  of 
the  earth  to  inflict  on  them  what  they  conceive  to 
be  a  serious  or  fatal  injury."  l 

1  Cong.  Globe,  36th  Congress,  part  1,  pp.  124-126.  The  italics 
are  mine.  —  E.  R.  K. 


66       THE  CONTEST  FOR  CALIFORNIA 

There  is,  I  repeat,  in  these  remarks  an  unin 
tended  but  very  palpable  disclosure  of  Gwin's 
knowledge  of  the  plans  of  the  Southern  leaders,  — 
plans  that  were  carried  out  in  South  Carolina  and 
the  other  Southern  States  which  seized  upon  the 
fortifications,  mints,  and  other  properties  of  the 
Federal  Government.  Doubtless  his  confidence 
that  California  would  stand  with  the  South  was 
based  upon  the  knowledge  of  conditions  on  the 
coast  to  be  created  partly  through  his  instrumen 
tality. 

As  early  as  May,  1858,  Henry  A.  Wise,  who  was 
governor  of  Virginia  at  the  time  of  John  Brown's 
foray,  had  exposed  the  plot  to  dissolve  the  Union. 
In  a  letter  to  a  friend  he  said:  "The  truth  is  that 
there  is  in  the  South  an  organized,  active,  and 
dangerous  faction,  embracing  most  of  the  Federal 
politicians,  who  are  bent  upon  bringing  about 
causes  of  a  dissolution  of  the  Union.  They  desire 
a  united  South,  but  not  a  united  country."  1 

The  state  of  affairs  that  was  reached  two  years 
later  is  succinctly  set  forth  in  the  comprehensive 
and  masterly  "History  of  Abraham  Lincoln"  by 
his  two  secretaries:  "Two  agencies  have  thus 
far  been  described  as  engaged  in  the  work  of  fo 
menting  the  rebellion;  the  first,  secret  societies  of 
individuals,  like  'The  1860  Association,'  designed  to 
excite  the  masses  and  create  public  sentiment;  the 
second,  a  secret  league  of  Sputhern  governors  and 
other  state  functionaries,  whose  mission  it  became 
1  Nicolay  and  Hay,  vol.  n,  p.  302.  ' 


INKLINGS  OF  SECESSION  67 

to  employ  the  governmental  machinery  of  states  in 
furtherance  of  the  plot.  These,  though  formidable 
and  dangerous,  would  probably  have  failed,  either 
singly  or  combined,  had  they  not  been  assisted  by  a 
third,  of  still  greater  efficacy  and  certainty.  This 
was  nothing  less  than  a  conspiracy  in  the  very 
bosom  of  the  national  administration  at  Washing 
ton  embracing  many  United  States  Senators,  Rep 
resentatives  in  Congress,  three  members  of  the 
President's  Cabinet,  and  numerous  subordinate 
officials  in  the  several  executive  departments.  The 
special  work  which  this  powerful  central  cabal 
undertook  by  common  consent,  and  successfully 
accomplished,  was  to  divert  Federal  arms  and 
forts  to  the  use  of  the  rebellion  and  to  protect  and 
shield  the  revolt  from  any  adverse  influence  or 
preventive  and  destructive  action  of  the  general 
Government."  1 

The  three  agencies  described  were  at  work,  also, 
in  California  and  Oregon. 

Governor  Wise  went  on  to  explain  that  the  radi 
cal  Southern  leaders  were  determined  to  force  such 
nominations  at  the  next  Democratic  National 
Convention  as  to  make  the  election  of  those  candi 
dates  impossible,  and  thus  give  them  a  pretext  for 
carrying  out  their  threats  of  secession.  The  politi 
cal  struggle  of  that  time,  the  most  grave  and  mo 
mentous  in  the  history  of  this  nation,  is  nowhere 
more  cogently  described  than  in  the  "History  of 
Abraham  Lincoln,"  already  referred  to.  I  condense 
1  Nicolay  and  Hay,  vol.  n,  p.  314. 


68       THE  CONTEST  FOR  CALIFORNIA 

much  of  chapter  xm,  volume  n,  which  shows  how 
the  Southern  extremists  were  supported  by  their 
allies  from  the  Pacific  Coast. 

I/  When  Jefferson  Davis  submitted  to  the  United 
States  Senate,  in  February,  1860,  resolutions  de 
signed  as  an  authoritative  statement  of  the  Admin 
istration  and  extreme  Southern  party  doctrines, 
the  Pacific  Representatives  voted  for  them.  It  was 
not  alone  Senator  Gwin's  affiliations  with  pro- 
slavery  leaders,  and  Senator  Lane's  equally  cordial 
affiliations,  nor  the  public  declarations  and  private 
assurances  of  these  men,  that  inspired  the  Southern 
leaders  with  confidence  that  California  and  Oregon 
would  be  on  their  side  in  the  conflict  they  were 
forcing.  Latham  and  Denver,  at  the  moment  rivals 
of  Gwin  in  the  party  in  California,  succeeded  in 
naming  most  of  the  delegates  from  their  state  to 
the  Democratic  National  Convention  in  1860;  yet 
when  the  Committee  on  Platform,  unable  to  agree, 
brought  in  two  reports,  —  one  favoring  Douglas's 
view  that  the  people  of  each  territory  should  settle 
the  question  as  to  whether  slavery  should  exist 
within  their  borders;  the  other  advocating  the 
Southern  claim  that  slaves  were  property  and  that 
owners  had  the  right  to  undisturbed  possession  of 
their  property  everywhere  in  the  territories,  —  the 
delegates  from  California  and  Oregon  stood  up  and 
were  counted  for  the  latter  report, — the  only  free 
states  that  took  that  position.  Senator  Hammond, 
of  South  Carolina,  discussing  the  comparative  war 
strength  of  North  and  South,  on  the  fourth  of 


INKLINGS  OF  SECESSION  69 

March,  1858,  had  said,  "I  do  not  speak  of  Cali 
fornia  and  Oregon;  there  is  no  antagonism  between 
the  South  and  those  countries  and  never  will  be."  1 
The  developments  of  the  following  two  years  ap 
peared  to  justify  his  mention  of  them  as  distinct 
from  all  the  other  free  states  and  to  verify  his 
prophecy.  The  subsequent  incident,  that  the  two 
Pacific  States,  with  the  Democratic  vote  divided 
between  Douglas  and  Breckinridge,  gave  Lincoln 
small  pluralities,  failed  to  impair  Southern  con 
fidence  in  the  sympathy  and  support  of  "those 
countries."  If,  as  seemed  likely,  —  it  took  many 
days  for  Eastern  news  to  reach  the  Pacific  Coast,  — 
Mr.  Lincoln  had  been  elected,  the  prophecies  and 
pledges  of  Gwin  and  Lane  were  to  be  fulfilled.  Nor 
was  that  fulfillment  to  be  left  to  Providence.  Work 
was  to  be  done  —  on  the  coast  and  at  the  national 
capital.  To  understand  that,  more  of  the  condi 
tions  in  those  remote  states  must  be  described. 

Excepting  a  brief  dalliance  with  Know-Nothing- 
ism,  California  had  always  been  a  Democratic  state, 
and  men  of  Southern  birth  and  Southern  princi 
ples  had  controlled  its  affairs.  Nearly  all  the  lead 
ers  and  officials,  high  and  low,  elected  or  appointed, 
were  Southerners,  or,  what  was  Jess  respectable, 
subservient  to  Southern  interests.  From  the  day 
Federal  office-holders  were  first  sent  out  to  the 
coast  nearly  every  man  had  to  be  satisfactory  to  the 
South.  At  an  early  period,  as  shall  presently  ap 
pear,  there  had  been  some  exceptions  to  this  rule, 

1  Cong.  Globe,  Appendix,  1st  Session,  35th  Congress,  p.  70.    ' 


70       THE  CONTEST  FOR  CALIFORNIA 

but  they  had  been  forgotten.  The  Whigs,  as  long  as 
their  party  existed,  made  a  little  noise  at  election 
times,  but  effected  no  results.  When  the  Repub 
lican  Party  sprang  up  there  were  many  in  California 
and  Oregon  who  instantly  responded  to  its  sum 
mons  to  support  the  cause  of  liberty.  But  it  was 
held  in  contempt  by  the  dominant  party  as  a  harm 
less  minority.  A  few  citizens  who  assembled  at  one 
of  its  first  meetings  in  Marysville  were  laughed  at 
and  driven  out  of  the  hall  they  had  hired  for  a 
public  meeting. 

One  advantage  of  the  climate  of  California  is  the 
certainty  that  during  the  dry  season  there  will  not 
be  rain,  even  a  shower.  People  may  assemble  in 
open  places  with  no  risk  of  being  scattered  or  dis 
turbed  by  a  storm.  And  as  a  public  meeting  in  a 
street  is  less  expensive  than  in  a  hired  hall,  —  and 
in  hot  weather  more  comfortable,  —  many  public 
meetings  used  to  be  held  out  of  doOrs.  I  attended 
one  such  at  the  corner  of  the  two  most  important 
streets  of  Marysville.  A  Republican  from  Sacra 
mento  was  speaking,  when  there  was  an  alarm  of 
fire,  —  rapid  tolling  of  bells,  hoarse  bellowing  of 
coatless  men  running  through  the  streets,  and  a 
general  waking-up  of  the  town.  The  old-fashioned 
engines,  drawn  by  scores  of  brazen-throated  fire 
men,  dashed  through  the  streets,  scattering  the 
throng  that  was  gathered  about  the  speaker's 
stand.  There  was  no  fire.  The  alarm,  and  the  rush 
and  shouting  of  the  men  drawing  the  engines  with 
their  clanging  bells,  was  a  jocular  expression  of 


INKLINGS  OF  SECESSION  71 

disapprobation  of  the  purpose  of  the  meeting,  a 
playful  amenity,  sanctioned  by  usage,  and  not 
seriously  resented  by  the  minority  party.  After 
chasing  off  toward  the  conflagration  that  was 
neither  real  nor  even  plausibly  supposititious,  the 
strenuous  defenders  of  the  city's  property  returned 
with  the  engines  to  their  houses,  again  disturbing 
the  political  meeting,  but  replenishing  the  attend 
ance  with  a  considerable  number  of  boys  who  had 
been  deceptively  lured  away  at  the  first  alarm.  In 
the  course  of  time  the  number  of  Republicans  in 
creased,  but  when  their  party  ceased  to  be  despised 
it  began  to  be  hated.  After  the  election  of  1859 
the  Lecompton  Democrats  had  all  the  Federal 
officials,  all  the  officials  of  the  state,  and  nearly  all 
officials  in  counties  and  cities.  Through  the  con 
flicting  candidacies  6f  Breckinridge  and  Douglas 
Lincoln  got  the  electoral  vote;  Gwin  and  company 
had  everything  else. 

The  work  for  secession  at  this  period,  and  at  all 
times,  was,  naturally,  to  a  great  extent  carried  on 
in  secret.  The  traitors  were  too  shrewd  to  make 
and  preserve  evidence  inculpatory  of  themselves 
further  than  was  absolutely  requisite  for  informa 
tion  between  various  sections.  There  were  some 
records.  How  they  were  destroyed  shall  be  told  in 
its  place.  There  were  some  of  us  who  were  more  or 
less  aware  of  the  disloyal  work,  —  not  distinctly, 
definitely,  but  sensibly,  —  but  we  are  growing 
fewer.  Charles  R.  Street,  editor  of  the  Marysville 
4 'Express,"  conducted  a  sort  of  exchange  or  clear- 


72       THE  CONTEST  FOR  CALIFORNIA 

ing-house  for  correspondence  between  disloyalists 
in  all  parts  of  California.  Street,  whose  brother 
was  postmaster  at  Shasta,  said  that  Congressman 
Burch  declared  that  all  the  representatives  in  both 
houses  of  Congress  from  Oregon,  Washington,  and 
Arizona  supported  the  secession  movement,  and 
that  Latham,  just  elected  Senator,  also  favored  it. 
Gwin  and  Latham  have  been  already  quoted.  Con 
gressman  Burch  declared  that  he  was  in  favor  of  the 
Union,  but  should  the  Union  be  dissolved  he  fa 
vored  a  Pacific  Republic.  Scott,  the  other  Congress 
man,  wrote,  "If  this  Union  is  divided,  and  two 
separate  confederacies  are  formed,  I  will  strenu 
ously  advocate  the  secession  of  California  and  the 
establishment  of  a  separate  Republic  on  the  Pa 
cific  Slope."  1 

Two  days  after  Christmas,  1860,  things  had 
gone  so  far  that  Street  in  a  letter  informed  a  friend 
that  they  were  looking  for  a  military  commander 
for  the  California  forces,  and  had  sounded  General 
Shields  as  to  his  willingness  to  accept  the  position. 
Disloyal  associations  and  companies  were  springing 
up  all  over  the  state.  A  secret  order  called  the 
Knights  of  the  Golden  Circle  embraced  quite  eigh 
teen  thousand  men  in  its  membership.  There  was 
an  active  propaganda  in  the  North,  but  the  move 
ment  was  strongest  in  the  southern  counties.  The 
Bear  Flag  —  graceless  emblem  of  California  before 
the  state  was  admitted  to  the  Union  —  was  floated 
in  Los  Angeles,  Sonoma,  San  Bernardino,  Stockton, 

1  Bancroft,  vol.  vn,  p.  277. 


INKLINGS  OF  SECESSION  73 

and  other  places,  and  palmetto  flags  —  exotics  from 
South  Carolina  —  were  raised  even  in  San  Fran 
cisco.  Influential  newspapers  supported  the  seces 
sion  movement.  The  Tulare  "Post"  denounced 
loyal  guards  as  "bloodhounds  of  Zion,"  and  incited 
such  bitterness  against  the  United  States  troops 
stationed  near  its  office  that  some  of  the  paper's 
readers  assaulted  a  small  detachment  of  soldiers 
and  killed  two  of  them.  As  late  as  January,  1861, 
many  journals  not  actually  disloyal  were  unde 
cided  what  course  to  take.  After  Jeff  Davis  had 
been  placed  at  the  head  of  the  Southern  Confed 
eracy,  W.  A.  Scott,  the  most  noted  preacher  in  San 
Francisco,  —  save  one  who  shall  be  mentioned 
hereafter,  —  asserted  that  Jefferson  Davis  was  no 
usurper  but  "as  much  a  president  as  Abraham 
Lincoln";  and,  having  been  accustomed  to  pray 
for  the  President  of  the  United  States,  amended 
his  petition  so  as  to  refer  to  "the  Presidents  of 
these  American  States."  Since  President  Buchanan 
retained  Floy d,Cobb,  and  Thompson  in  his  Cabinet 
— men  known  to  everybody  to  be  traitors — it  was 
assumed  that  the  President  was  aware  of  their 
treason  and  approved  of  their  dastardly  proceed 
ings.  Gwin  exulted  to  have  such  an  impression 
abroad.  As  all  official  correspondence  from  Wash 
ington  came  to  men  holding  their  places  through  the 
favor  of  Senator  Gwin,  these  were  the  persons  in 
touch  with  officialdom  at  the  capital;  and  as  the 
Cabinet  radiated  treason,  disloyalty  permeated 
every  grade  of  the  civil  service,  and,  alas,  much  of 


74       THE  CONTEST  FOR  CALIFORNIA 

the  military.  Every  mail  from  the  East  brought 
additional  encouragement  and  incitement  to  the 
secession  cause. 

Directly  after  New  Year's  Day,  in  1860,  the  new 
legislature  met  at  Sacramento.  The  state  capi 
tal  had  wandered  around  somewhat,  —  a  sort  of 
political  movable  feast  for  some  of  the  country 
members,  —  but  had  finally  settled  down  at  the 
point  where  the  American  River  pours  its  turbid 
flood  into  the  Sacramento.  There  were  bitter  de 
bates,  in  which  extreme  secession  sentiments  were 
uttered.  Crittenden,  assemblyman  from  El  Do 
rado,  asserted  that  there  were  thirty  thousand  men 
ready  to  take  up  arms  in  the  event  of  the  secession 
of  the  Southern  States  if  the  Federal  Government 
should  attempt  to  enforce  its  laws  in  California. 
Relying  on  the  assurances  of  Gwin  and  others, 
Floyd,  Buchanan's  Secretary  of  War,  sent  seventy- 
five  thousand  stand  of  arms  out  to  California  for 
just  such  use  as  Mr.  Crittenden's  men  were  ready  to 
make  of  them,  —  such  use  as  the  Charleston  men 
made  of  the  United  States  muskets  which  Floyd 
sent  for  safe  storage  to  the  city  where  the  rebellion 
began.  The  death  of  Broderick  carried  dismay  into 
the  ranks  of  the  Democrats  who  had  not  bowed  the 
knee  to  the  Gwin  Baal.  Broderick  was  by  nature 
and  habit  and  practice  a  leader  and  a  fighter.  The 
disloyal  element  had  "got  rid  of  him."  James  A. 
McDougall,  one  of  the  most  eminent  members  of 
the  San  Francisco  Bar,  succeeded  —  not  to  Brod- 
erick's  place,  nobody  could  quite  fill  that  but  —  to 


INKLINGS  OF  SECESSION  75 

the  rank  of  leader  of  the  Douglas,  Anti-Lecompton 
wing  of  the  Democratic  Party.  Mr.  McDougall 
was  devoted  to  his  profession  and  not  the  partisan 
champion  that  Broderick  had  been.  In  Illinois  he 
had  already  obtained  eminence  and  had  been  at 
torney-general  of  the  state.  We  shall  hear  more 
of  Mr.  McDougall.  One  thing  was  certain,  he  had 
courage. 

I  was  present  one  night  in  the  theatre  in  Marys- 
ville  to  listen  to  a  speech  by  Senator  Gwin.  He  was 
defending  himself  against  charges  that  he  had 
thwarted  the  passage  of  legislation  favorable  to 
government  support  of  the  building  of  Pacific 
railroads.  Quoting  from  a  pile  of  volumes  of  the 
"Congressional  Globe"  which  he  had  on  a  table 
("the  Devil  can  cite  Scripture  for  his  purpose"), 
Doctor  Gwin  declared  that  in  an  earlier  session 
of  Congress,  when  he  had  been  blamed  for  the  loss 
of  the  Pacific  Railroad  Bill,  it  was  not  he  who  was 
to  blame,  but  "a  young  member  of  the  House  of 
Representatives."  Then  there  rose  from  one  of  the 
seats  in  the  parquet  the  small  but  sturdy  figure  of 
a  man,  who,  with  remarkable  distinctness,  ejacu 
lated,  "Doctor  Gwin,  that  is  false."  I  remember 
very  well  how  Senator  Gwin  leaped  back,  startled 
with  such  an  astounding  contradiction.  Recovering 
himself,  and  observing  who  it  was  that  had  dared 
thus  to  affront  him,  he  exclaimed,  "It  is  true, 
fellow  citizens,  and  that  is  the  man!"  At  this  the 
entire  assemblage  was  in  a  turmoil.  Those  were 
days  when  "lie"  was  a  fighting  word.  I  dare  say 


76        THE  CONTEST  FOR  CALIFORNIA 

there  were  a  hundred  and  fifty  pistols  on  which  men 
laid  their  hands.  Then  it  appeared  that  Mr.  J.  Y.  C. 
Ridge  and  Mr.  George  C.  Gorham,  editors  of  the 
Douglas  Anti  -  Lecompton  Democratic  paper  of 
Marysville,  were  standing  on  either  side  of  Mr. 
McDougall.  They  were  well  known,  and  their  in 
trepid  character  and  their  skill  with  firearms  were 
understood.  Mr.  McDougall  answered  Senator 
Gwin's  denial  with  another  startling  declaration: 
"Doctor  Gwin,  you  are  a  liar."  With  this  the  tur 
moil  rose  into  a  state  of  frenzy  that  I  have  never 
seen  equaled  in  a  public  meeting.  Mr.  McDougall, 
having  said  all  that  was  practicable  for  the  time, 
started  with  his  two  friends  to  leave  the  theatre. 
The  superb  exhibition  of  bravery  by  this  trio,  and 
a  prudent  respect  for  their  skill  with  the  common 
weapon  of  the  country,  led  the  crowd  to  draw  apart 
and  allow  them  to  pass  out. 

A  few  days  after  the  session  of  the  legislature 
began,  Governor  Latham,  who  had  been  inaugu 
rated  less  than  a  week  before,  was  chosen  United 
States  Senator  in  place  of  the  lion-hearted  Brod- 
erick.  It  was  said  at  the  time  that  the  leaders  could 
not  trust  Latham  to  continue  as  governor.  It  is 
certain  that  a  year  later  he  turned  against  the  men 
who  elected  him,  made  Union  speeches  in  several 
cities,  and  afterwards  in  Congress  lent  a  prudent 
support  to  some  of  the  measures  of  President  Lin 
coln.  But,  alas,  his  conversion  was  not  permanent. 

By  the  election  of  Mr.  Latham  to  the  Senate, 
John  G.  Downey,  the  lieutenant-governor,  became 


INKLINGS  OF  SECESSION  77 

governor  of  the  state.  He  was  young  but  accus 
tomed  to  calculating  chances.  Would  Downey,  it 
was  asked,  stand  firm  for  the  secession  cause?  - 
not  after  that  cause  had  triumphed,  as  its  devotees 
believed  it  would  triumph,  but  right  then,  in  1860 
and  1861?  —  in  the  event  of  the  election  of  "an 
abolition  President"?  Would  Downey,  if  need  be, 
accept  the  presidency  of  the  Pacific  Republic?  Men 
who  were  living  in  those  days  remember  well  how 
sharply  the  line  was  drawn  between  loyal  and  dis 
loyal,  especially  after  Beauregard's  forces  bom 
barded  Fort  Sumter.  The  cleavage  was  more  dis 
tinct  in  California  than  in  states  where  there  was 
no  organized  party  espousing  the  cause  of  the 
South.  Yet  as  late  as  May,  1861,  when  it  was 
known  that  Sumter  had  fallen,  Downey  was  prating 
about  the  Government's  confining  the  exercise  of 
force  to  "defending  the  national  capital,  preserving 
property,  defending  its  forts  and  arsenals,  and  col 
lecting  the  revenues."  After  the  cotton  states  had 
associated  and  established  a  government  and  put 
armies  in  the  field  to  fight  the  Government  of  the 
United  States,  Governor  Downey  denounced  the 
use  of  force  by  President  Lincoln,  which,  he  said, 
"is  understood  to  mean  the  invasion  of  the  South 
by  an  army  having  in  view  the  subjugation  of 
Southern  States  and  holding  them  as  conquered 
provinces."  He  asserted  that  it  was  the  purpose  of 
the  Government  to  incite  "  servile  insurrection  with 
its  train  of  horrors,"  and  declared  that  the  Govern 
ment  was  determined  on  "the  obliteration  of  state 


78       THE  CONTEST  FOR  CALIFORNIA 

lines  and  the  confiscation  of  individual  property."  1 
Governor  Downey  claimed,  and  has  always  since 
maintained,  that  he  was  a  Union  man.  Hittell,  in 
his  excellent  "History  of  California,"  recounts 
many  facts  bearing  upon  that  matter.  He  says 
"  Downey's  Unionism  .  .  .  was  not  of  the  kind  by 
which  the  Union  could  be  preserved,"  and  adds 
that  "if  he  had  only  managed  to  steer  as  clear  of 
entanglements  on  the  Union  question  as  he  had  on 
the  bulkhead"  (a  matter  local  to  San  Francisco), 
"he  might  have  had  anything  he  asked"  of  the 
state.2  Loyal  men  did  not  talk  like  Governor 
Downey.  Disloyalists,  wherever  found  on  both 
sides  of  the  Rocky  Mountains,  used  his  phrases. 
The  terms  of  his  utterances  were  the  common  coin 
of  traitors  and  rebels  South  and  East.  The  ascrip 
tion  of  infamous  purposes  to  Abraham  Lincoln's 
administration  was,  as  everybody  in  the  world 
concedes  now,  as  everybody  ought  to  have  known 
in  1860,  based  on  disloyal,  malignant  invention. 

1  Letter  of  May  16  to  John  Dougherty  and  A.  Hayward. 

2  Hittell,  vol.  iv,  p.  274. 


CHAPTER  V 

GWIN'S  WORK  —  ALBERT  SIDNEY  JOHNSTON  PUT  IN 
COMMAND    ON    THE   COAST 

SHORTLY  after  election  day  in  1860  Senator  Gwin 
started  for  "the  States."  Mr.  Lincoln  had  been 
elected  President.  The  secession  determination 
was  accordingly  being  carried  along  in  hostile  acts, 
and  in  the  most  radical  states  steps  were  being 
taken  to  fulfill  the  threats  made  during  the  political 
campaign.  There  was  no  time  to  be  lost.  Buchanan 
was  still  President.  What  was  more  to  the  purpose, 
Floyd  was  Secretary  of  War.  The  Pacific  Coast 
had  been  divided  into  two  military  departments 
and  each  was  commanded  by  a  loyal  officer.  Before 
Senator  Gwin  left  California  it  was  confidently  and 
boastfully  asserted  that  one  of  his  first  duties  on 
arriving  at  the  capital  would  be  to  have  a  "friend" 
placed  over  the  Regular  Army  force  of  the  coast.  I 
am  not  aware  of  any  documentary  evidence  that 
Senator  Gwin  undertook  that  matter.1  There  may 
be  such.  In  this  especial  matter  documentary 
evidence  is  not  essential.  The  occurrences  prove 
the  influences. 

(1)  Senator  Gwin  arrived  in  Washington  about 
the  third  of  December. 

1  Although  Senator  Gwin  left  memoirs  he  said  nothing  of  his 
relation  to  the  rebellion.  —  E.  R.  K.     -- 


80       THE  CONTEST  FOR  CALIFORNIA 

(2)  It  took  nearly  a  month  for  a  letter  to  go  from 
Washington  to  California.    Allow  a  few  days  for 
Gwin  to  impress  Floyd. 

(3)  On  the  fifteenth  of  January,  1861,  official 
orders  from  the  War  Department  were  received  in 
San  Francisco  relieving  the  two  loyal  officers  of  their 
commands,  consolidating  the  entire  coast  into  one 
department,  and  placing  Colonel  (Brevet  Brigadier- 
General)  Albert  Sidney  Johnston  in  command. 

The  blow  —  for  blow  it  seemed  —  was  not  un 
expected  by  friend  or  foe.  It  raised  the  secession 
ists  to  a  high  pitch  of  confidence.  Loyal  men  were 
dumf ounded ;  but  what  could  they  do?  The  Federal 
office  -  holders  —  postmasters,  mail  -  carriers,  cus 
toms  officials,  marshals,  judges,  and  the  host  of 
minor  place-holders  and  attendants  —  were,  with 
few  exceptions  or  none,  in  sympathy  with  the 
South.4  The  state  officers  and  about  all  of  their  sub 
ordinates  were  of  the  same  mind,  together  with 
nearly  half  the  members  of  the  legislature.  Jf  And 
now,  as  the  threatened  crisis  was  drawing  near,  the 
Regular  Army,  with  its  control  of  the  fortifications, 
garrisons,  and  munitions  of  war,  was  turned  over  to 
an  officer  undoubtedly  designated  by  Senator  Gwin. 
It  mattered  not  that  Captain  Winfield  Scott  Han 
cock  was  stationed  in  the  southern  part  of  the  state 
and  that  Lieutenant  Philip  H.  Sheridan  was  at  a 
post  in  Washington  Territory.  There  was  no  way 
by  which  these  two,  and  others  who  would  be 
faithful,  could  cooperate;  and  they  were  subject  to 
the  command  of  General  Johnston. 


GWIN'S  WORK  81 

The  General  is  said  to  have  subsequently  de 
clared  that  he  had  no  knowledge  of  a  plot  to  carry 
California  out  of  the  Union.  It  seems  incredible. 
Not  only  was  the  sentiment  of  sympathy  with  the 
South  openly  and  defiantly  expressed  on  the  stump, 
in  editorial  columns,  in  hotels,  clubs,  and  private 
houses,  by  the  chief  men  of  the  Federal  and  State 
Governments,  but  the  fact  that  disunion  organiza 
tions  were  actively  promoting  their  cause  was 
known  to  everybody.  Everybody  except  General 
Johnston.  Oregon,  Nevada,  Arizona,  and  the 
northern  counties  of  California  were  the  field  of  a 
lively  secession  propaganda.  The  southern  counties  • 
seethed  with  sedition.  Men  of  prominence,  some  of 
whom  had  filled  state  offices,  held  frequent  meet 
ings  and  concocted  rebellion  in  sight  of  the  frowning 
batteries  of  Alcatraz.  Still,  General  Johnston  was 
a  gentleman.  His  subsequent  course  may  be  ~de- 
plored;  but,  while  he  could  violate  his  oath  of 
allegiance,  his  word  must  be  accepted.  This,  how 
ever,  is  obvious:  since  General  Johnston  was  un 
aware  of  a  plot  he  could  not  be  expected  to  take 
measures  to  repress  a  plot.  But  the  plot  existed, 
and  if  the  military  force  of  the  National  Govern 
ment  was  not  to  restrain  or  quell  it,  who  was? 
Certainly  not  Governor  Downey  and  his  disloyal 
associates.  So  the  preparations  for  secession  went 
on,  and  California  and  the  rest  of  the  Pacific  States 
and  Territories  were  slipping  unhindered  away  from 
the  Union.  While  Floyd  remained  in  the  War 
Department  he  lent  most  effective  aid  to  the 


82        THE  CONTEST  FOR  CALIFORNIA 

scheme.  When  he  fled,  and  the  influence  of  General 
Winfield  Scott  became  paramount  in  military 
circles  in  Washington,  the  change,  at  first,  did 
nothing  for  California.  Buchanan  was  still  Presi 
dent,  and  Gwin  and  Lane  were  his  advisers  con 
cerning  affairs  in  their  states.  Then,  General  Scott 
trusted  in  the  fidelity  of  General  Johnston  and 
tendered  him  a  major-general's  commission  in  the 
Regular  Army.  Later  Scott  learned  that  Jeff  Davis 
had  offered  Johnston  a  major-generalship  of  the 
Southern  forces,  and  Scott  ordered  the  arrest  of 
Johnston.  But  at  this  critical  stage  in  California 
General  Johnston  was  permitted  to  remain  in 
command  of  all  the  army  forces  in  that  remote 
department. 

Read  the  history  of  Texas  at  the  same  period :  the 
surrender  of  forts,  posts,  munitions,  troops,  by  the 
infamous  General  Twiggs,  and  consider  what  might 
have  been  the  fate  of  California  and  the  entire 
Pacific  Slope.  For  General  Johnston,  too,  was  a 
victim  of  the  deadly  poison  of  "state  sovereignty." 
Sincere,  you  may  say;  yes,  sincere,  and  therefore 
the  more  dangerous.  His  was  the  sincerity  that 
subsequently  led  him,  on  whom  his  old  commander 
set  such  hopes,  to  death  at  the  head  of  his  rebel 
brigades  at  Pittsburg  Landing. 

Doctor  Gwin  felt  sure  his  friends  in  California 
would  carry  out  his  arrangements.  He  had  said  in 
the  Senate  that  if  the  Southern  States  went  out 
of  the  Union  "California  will  be  found  with  the 
South."  Being  challenged  for  this  declaration  he 


GWIN'S  WORK  83 

denied  having  made  it,  but  added,  "If  the  Union  is 
ever  broken  up,  the  eastern  boundary  of  the  Pacific 
Republic  will  be,  in  my  opinion,  the  Sierra  Madre 
and  the  Rocky  Mountains."  x 

There  is  other  evidence  of  the  Senator's  confi 
dence  that  "his  state"  would  secede  at  this  time. 
Mrs.  Clay,  wife  of  the  Senator  from  Alabama,  in 
her  ingenuous  and  charming  book  of  reminiscences 
describes  the  scene  on  Monday,  the  twenty-first 
of  January,  1861,  when  the  Senators  from  several 
seceded  states  bade  farewell  to  the  venerable  body 
of  which  they  had  been  members.  "As  each  Sena 
tor,  speaking  for  his  state,  concluded  his  solemn 
renunciation  of  allegiance  to  the  United  States, 
women  grew  hysterical  and  waved  their  handker 
chiefs,  encouraging  them  with  cries  of  sympathy 
and  admiration.  Men  wept  and  embraced  each 
other  mournfully.  At  times  the  murmurs  among 
the  onlookers  grew  so  deep  that  the  serjeant-at- 
arms  was  ordered  to  clear  the  galleries ;  and  as  each 
speaker  took  up  his  portfolio  and  gravely  left  the 
Senate  Chamber  sympathetic  shouts  rang  from  the 
assemblage  above."  2 

About  a  month  after  the  Clays  had  left  Washing 
ton  Mrs.  Clay  received  a  letter  from  a  friend  at  the 
capital  which  throws  light  on  the  feeling  and  dis 
position  and  relation  of  California's  senior  Sena 
tor:  "For  days  I  saw  nothing  but  despairing 
women  leaving  suddenly,  their  husbands  having 
resigned  and  sacrificed  their  all  for  their  beloved 

1  Bancroft,  vol.  vn,  p.  59.  2  A  Belle  of  the  Fifties,  p.  147. 


84        THE  CONTEST  FOR  CALIFORNIA 

states.  You  would  not  know  this  God-forsaken 
city.  Our  beautiful  Capitol  with  all  its  artistic 
wealth  desecrated,  disgraced  with  Lincoln's  low 
soldiery.  .  .  .  The  Gwins  are  the  only  ones  left  of 
our  intimates,  and  Mrs.  Gwin  is  packed  up,  ready 
to  leave.  Poor  thing!  Her  eyes  are  never  without 

tears."  l , 

1  A  BeUe  of  the  Fifties,  pp.  151, 152. 


CHAPTER  VI 

IF  THE  COAST  HAD  SECEDED !  —  GWIN  AND  BAKER 
GO  TO  WASHINGTON 

IF  California  and  Oregon  had  seceded,  whether  they 
joined  the  Southern  Confederacy  or  set  up  a  Pacific 
Republic,  Washington,  Arizona,  and  contiguous 
territories  would  inevitably  have  been  drawn  into 
the  movement.  They  were  ripe  for  it.  And  if  that 
section  had  rebelled  the  course  of  American  history 
might  have  been  sadly  changed.  While  Southern 
armies  threatened  St.  Louis,  Louisville,  Cincinnati, 
and  Washington,  with  Generals  Fremont,  Halleck, 
Buell,  Rosecrans,  and  McClellan  continually  calling 
for  more  troops  and  the  Government  unable  to 
respond,  it  is  impossible  to  see  where  forces  to 
suppress  a  rebellion  on  the  Pacific  Slope  could  have 
been  found.  But  if,  by  depleting  other  depart 
ments,  an  army  had  been  collected,  it  would  have 
been  extremely  difficult  and  enormously  expensive 
to  move  it  to  that  remote  field.  There  was  not 
a  railroad  in  California,  —  except,  I  believe,  one 
between  Sacramento  and  Folsom,  a  distance  of 
twenty  miles,  over  which  one  mixed  train,  passen 
ger  and  freight,  ran  every  day  under  the  genial 
conductorship  of  "Uncle  George  Bromley,"  later 
the  patriarch  of  the  San  Francisco  Bohemian  Club. 
There  was  not  in  the  States  a  railroad  extending 


86       THE  CONTEST  FOR  CALIFORNIA 

farther  west  than  the  middle  of  Missouri.  If  a 
force  had  been  marched  across  the  continent, 
much  of  the  distance  through  deserts  devoid  of 
water  and  forage  for  men  and  animals,  part  of  the 
way  over  high  mountains  covered  with  snow,  the 
passes  defended  by  the  enemy,  menaced  night  and 
day  by  savage  Indians  easily  incited  to  hostilities, 
it  would  have  been  months  on  the  road,  its  numbers 
would  have  been  decimated  by  sickness,  desertion, 
and  death,  and  such  of  the  men  as  reached  their 
destination  would  have  arrived  physically  and 
mentally  exhausted.  Their  base  of  supplies  would 
have  been  quite  two  thousand  miles  away,  without 
a  telegraph  wire  or  other  means  of  quick  communi 
cation.  Troops  sent  by  the  way  of  Panama  could 
not  have  left  New  York  until  transports  had  first 
been  sent  around  Cape  Horn  to  await  them  at  the 
Isthmus;  and  in  the  mean  time  the  rebels,  following 
the  course  of  their  kindred  at  Charleston,  Savan 
nah,  Mobile,  New  Orleans,  and  other  places,  would 
have  prepared  the  fortifications  they  had  seized 
from  the  Government  to  repel  the  transports,  as  the 
Star  of  the  West  was  repulsed  from  Charleston 
Harbor  when  she  tried  to  succor  the  garrison  of 
Fort  Sumter.  A  naval  expedition  must  have 
weathered  Cape  Horn,  —  a  longer  voyage  than 
from  England  to  South  Africa.  But  we  possessed 
no  available  naval  force.  Such  as  we  had  was  thor 
oughly  occupied  on  the  Atlantic  and  Gulf  Coasts. 
And  transports  capable  of  conveying  any  consid 
erable  number  of  troops  could  not  have  been  in- 


IF  THE  COAST  HAD  SECEDED!         87 

stantly  called  into  service.  Mr.  Lincoln's  Secretary 
of  the  Navy  did  wonders,  converting  old  tugs,  East 
River  ferryboats,  and  excursion  steamers  into  war 
vessels;  but  Gideon  Welles  was  not  the  Count  of 
Monte  Cristo,  nor  was  he  capable  of  creating  some 
thing,  and  a  great  deal,  out  of  nothing.  If,  however, 
after  months  of  preparation,  a  fleet  could  have  been 
dispatched  to  California,  in  what  condition  would 
it  have  arrived,  tossed  and  battered  by  the  tem 
pests  of  a  four  or  five  months'  voyage?  And  what 
port  could  it  have  entered? 

Senator  Gwin,  as  I  have  said,  left  for  the  East 
early  in  November,  1860.  Reverdy  Johnson,  of 
Maryland,  and  Judah  P.  Benjamin,  of  Louisiana, 
—  two  of  the  foremost  lawyers  in  the  country,  who 
had  been  to  California  as  counsel  in  a  lawsuit,  — 
were  returning  to  the  States  at  the  same  time.  The 
gallant  Colonel  Frank  W.  Lander  was  also  on  board 
the  steamer  Sonora.  But,  for  the  scheming  Cali 
fornia  Senator,  Nemesis  was  a  passenger  in  the 
person  of  Edward  D.  Baker.  California  and  Oregon 
had  voted  for  Lincoln.  It  was  considered  probable 
that  he  had  been  elected.  The  South  had  long  been 
resolved  in  such  an  event  to  break  up  the  Union. 
Gwin  had  declared  that  California  would  be  found 
with  the  South.  He  was  going  to  complete  the 
arrangement.  We  have  just  read  of  his  master 
stroke. 


CHAPTER  VII 

EDWARD  D.  BAKER  —  EARLY  LIFE  —  LAWYER  — 
LEGISLATOR  —  BEATS  LINCOLN  FOR  THE  NOM 
INATION  AND  IS  ELECTED  TO  CONGRESS  — 
COLONEL  IN  MEXICAN  WAR 

So  now  we  have  come  to  where  we  must  consider 
the  man  for  whose  deserved  but  neglected  fame  this 
book  is  mainly  written.  At  the  time  when  the  life  of 
the  nation  was  in  peril  from  treason,  the  only  loyal 
man  from  the  Pacific  Coast  in  either  house  of  Con 
gress.  Years  before  he  had  been  the  only  Whig  in 
Congress  from  the  State  of  Illinois.  Whose  fortune  it 
was  to  be,  as  he  continues  to  this  day,  the  only  man 
since  Congress  was  established  to  speak  in  military 
uniform  in  both  the  House  of  Representatives  and 
the  Senate.  As  brave  and  as  eloquent,  I  suppose,  as 
any  man  who  ever  lived  in  any  land  in  any  age. 
After  Alexander  Hamilton,  and  scarcely  excepting 
Carl  Schurz,  of  the  millions  of  citizens  who  have 
come  to  America  from  foreign  lands,  the  one  who 
rendered  the  most  important  service  to  our  country. 
In  the  exalted  profession  of  the  law,  foremost  in  the 
communities  where  he  resided.  Before  assemblies 
of  the  people,  the  most  captivating  orator  of  his 
time.  Gifted  in  poetical  expression.  In  legislative 
bodies,  wise  in  counsel  and  preeminent  in  debate.  A 
man  of  action  as  well  as  a  man  of  wojftls.  A  pioneer 


EARLY  LIFE  OF  EDWARD  D.  BAKER      89 

in  building  the  Panama  Railroad.  In  three  of  the 
nation's  wars  an  intrepid  soldier  and  a  skillful 
commander. 

The  Honorable  Edward  Stanly  was  one  of  the 
most  respected  men  in  California.  Earlier  he  had 
represented  a  North  Carolina  district  in  Congress 
when  Baker  sat  for  the  Springfield  district  of  Illi 
nois;  a  man  on  whom  Abraham  Lincoln  set  the 
stamp  of  his  approval  by  calling  him  from  Cali 
fornia  to  become  Military  Governor  of  North 
Carolina.  At  the  funeral  of  General  Baker,  in  San 
Francisco,  Mr.  Stanly  pronounced  Baker  "one  of 
the  most  remarkable  men  of  modern  times."  And 
if  of  modern,  why  not  of  all  times?  It  is  more  to 
be  preeminent  in  modern  times  than  in  ancient. 

The  impression  Baker  made  on  other  men  is 
described  by  the  Honorable  Samuel  D.  Woods, 
long  a  member  of  Congress  from  California :  — 

"General  Baker  was  gracious  and  winning  and 
the  choicest  of  companions  by  reason  of  his  abun 
dant  kindness  of  spirit  and  his  richness  in  human 
touch  and  sympathy.  He  was  of  noble  presence, 
classical  in  feature,  and  with  the  manners  of  a 
prince.  He  had  great  conversational  gifts  and  in 
the  hour  of  good  fellowship  became  a  fountain 
bubbling  over  with  wisdom  and  wit.  Free  from 
vanity,  unconsciously  he  became  the  centre  of  any 
group  by  common  consent;  and  the  hours  flew  on 
rapid  feet  while  he  poured  out  his  soul  from  the 
affluence  of  his  gifted  nature.  He  was  a  natural 
orator,  with  every  grace  of  speech,  and  on  great 


90       THE  CONTEST  FOR  CALIFORNIA 

occasions,  when  his  soul  was  stirred,  he  spoke  as 
one  inspired.  Words  fell  from  his  lips  in  joyous 
association  and  with  the  melody  of  music.  He  was 
a  magician,  and  under  his  touch  common  things 
became  beautiful.  He  called  up  from  dull  natures, 
from  cold  hearts,  unsuspected  sweetness,  and  lifted 
high  natures  into  altitudes  of  lofty  feeling.  When 
his  own  nature  became  flooded  with  the  splen 
dor  of  his  dreams  he  was  beyond  resistance,  for 
he  spoke  as  one  having  authority  from  the 
oracles."  1 

Edward  Dickinson  Baker  was  born  in  London, 
in  February,  1811.  His  father  was  of  a  family  of 
Quakers,  a  man  of  good  education  and  known  for 
his  literary  taste.  His  mother  was  a  sister  of  Cap 
tain  Thomas  Dickinson,  a  naval  officer,  of  distinc 
tion  who  fought  with  great  gallantry  under  Col- 
lingwood  at  Trafalgar.2  The  father,  anticipating 
better  careers  for  his  children  in  the  New  World, 
left  the  old  home  when  Edward  was  four  years  of 
age,  and  landed  in  Philadelphia.  The  family  spent 
ten  years  in  that  interesting  city,  during  part  of 
which  time  Mr.  Baker  taught  school.  He  used  to 
lead  the  son  to  noted  places,  narrating  incidents 
that  had  made  them  renowned,  and  thus  vividly 
impressing  the  lessons  of  history.  The  War  of 
Independence  was  then  much  nearer  the  people 
than  the  War  for  the  Union  is  now,  and  the  events 
and  outcome  of  the  former  exercised  a  greater 

1  Life  on  the  Pacific  Coast,  Funk  and  Wagnalls,  p.  155. 
*  Wallace,  pp.  10, 11. 


EARLY  LIFE  OF  EDWARD  D.  BAKER      91 

influence  on  the  minds  of  people  than  the  events  of 
our  Civil  War  exercise  upon  the  population  of  to 
day.  The  father  was  once  expounding  the  Consti 
tution  of  the  United  States  to  his  son  —  how  many 
fathers  do  that  for  their  sons  nowadays?  —  when 
the  boy  learned  that  only  a  native-born  citizen  was 
eligible  to  the  Presidency,  —  a  provision  deemed 
essential  at  the  time  it  was  adopted  but  no  longer 
necessary  to  national  security.  The  boy  wept.  He 
had  been  brought  to  this  land  of  opportunity,  and 
here  he  was  precluded  from  aspiring  to  the  highest 
place.  As  the  exposition  went  on,  and  he  was  told 
of  the  functions  of  a  United  States  senator,  he 
formed  a  determination  to  be  a  senator,  a  purpose 
he  deeply  cherished  from  that  moment. 

The  financial  circumstances  of  the  family  were 
evidently  unprosperous,  —  the  Bakers  all  had  su 
perior  talents  but  were  not  money-getters,  —  and 
the  father  found  it  expedient  to  look  for  employ 
ment  for  his  boys  that  held  out  encouragement  of 
early  returns.  It  was  natural  to  recall  the  great 
woolen  industry  of  England,  and  Edward  was  ap 
prenticed  to  learn  the  trade  of  a  weaver.  But  this 
failed  to  satisfy  either  parent  or  child.  The  adven 
turous  father  heard  the  call  of  the  West,  and  in 
1825  moved  to  New  Harmony,  Indiana.  He  re 
mained  here  less  than  two  years,  and  then  went 
farther  west,  to  Belleville,  St.  Clair  County,  Illi 
nois,  whither  the  oldest  son,  Edward,  preceded  the 
family,  on  foot.  Belleville  at  that  period  was  the 
most  important  town  in  the  state,  the  home  of 


92       THE  CONTEST  FOR  CALIFORNIA 

many  leading  men,  renowned  for  wealth,  refine 
ment,  and  the  hospitality  of  its  inhabitants.  Here, 
again,  the  father  was  established  as  a  teacher,  in 
which  profession  he  was  quite  successful.  By  this 
time  the  son  had  given  evidence  of  intellectual  gifts 
that  raised  high  hopes  in  the  family.  The  boy  had 
a  passion  for  reading.  His  marked  taste  for  litera 
ture  attracted  the  attention  of  Governor  Edwards, 
whose  home  was  in  Belleville,  and  he  gave  him 
free  access  to  his  extensive  library.  What  Baker 
read  he  ever  after  knew.  What  he  once  acquired  he 
always  retained.  No  conscious  effort  of  memory 
was  necessary  to  arouse  the  teeming  apartments 
of  his  mind.  He  read  much,  and  all  he  ever  read 
burst  forth  the  instant  it  became  germane  to  any 
subject  on  which  his  intellect  was  engaged.  For 
several  months  he  drove  a  dray  in  the  city  of 
St.  Louis,  to  earn  money  to  enable  him  to  go  on 
with  his  schooling;  but  it  must  be  said  that  he  never 
obtained  any  considerable  amount  or  degree  of 
systematic  education.  Neither  did  Benjamin  Frank 
lin,  Abraham  Lincoln,  or  Horace  Greeley.  If  other 
Bakers,  Greeleys,  Franklins,  and  Lincolns  ever 
appear  it  may  be  unnecessary  to  devote  all  the 
early,  formative  years  of  their  lives  to  forcing  or 
conferring  upon  them  systematic  education.  But 
unless  a  father  is  certain  his  son  possesses  the  intel 
lectual  endowments  of  a  Lincoln,  a  Greeley,  a 
Franklin,  or  a  Baker,  it  probably  will  continue  to  be 
best  to  send  the  boy  to  college.  Young  Baker  read 
widely,  and  by  the  power  of  genius  appropriated  and 


EARLY  LIFE  OF  EDWARD  D.  BAKER      93 

adapted  and  utilized  to  their  utmost  potency  the 
information  of  history,  the  sagacious  lessons  of 
biography,  the  substantial  foundations  of  scientific 
knowledge,  the  polish  of  belles-lettres,  the  patriotic 
uplift  of  oratory,  and  the  glowing  inspirations  of 
poetry.  Many  years  after,  Colonel  Baker  had 
finished  the  conduct  of  a  suit  at  law  in  Sacramento, 
where,  attracted  by  the  reputation  of  the  advocate, 
crowds  filled  the  courtroom.  But  they  were  not 
satisfied  merely  to  hear  an  argument  on  the  ques 
tion  of  liability  on  a  promissory  note.  They  de 
manded  something  more  and  shouted  for  a  speech. 
Colonel  Baker  promised  that  if  they  would  let  him 
go  to  his  hotel  for  supper  he  would  lecture,  in  the 
evening,  on  "Books."  It  was  a  theme  on  which  he 
had  never  spoken,  but  his  address  was  declared 
entrancing.  "Baker,"  said  Justice  Baldwin,  of  the 
Supreme  Court,  —  "Baker,  you  know  everything 
about  books  —  except  law  books."  Colonel  Baker 
was  then  among  the  leading  lawyers  in  California. 
Baker  was  but  nineteen  years  of  age  when  he  was 
admitted  to  the  bar,  in  Illinois.  His  youthfulness 
caused  him  to  be  looked  on  with  distrust,  and  his 
success  was  at  first  indifferent.  In  the  spring  of 
1832  he  enlisted  as  a  private  soldier  in  the  Black 
Hawk  War.  Others  of  note  in  that  movement  for 
the  defense  of  Western  homes  were  Robert  Ander 
son,  afterwards  the  patriotic  defender  of  Fort 
Sumter,  Jeff  Davis,  and  Abraham  Lincoln.  Baker 
served  until  the  campaign  was  ended  by  the  deci 
sive  battle  of  Broad  Axe  River.  In  some  news- 


94       THE  CONTEST  FOR  CALIFORNIA 

papers  of  that  period  Baker  was  afterwards  called 
"Major,"  but  I  have  been  unable  to  ascertain 
whether  he  actually  obtained  that  title  in  the  war 
or  afterwai^lin  the  militia.  Wallace  narrates  this 
incident  to^ftistrate  his  youthful  daring:  "When 
his  regiment  was  mustered  out  of  service,  near 
Dixon,  on  the  upper  waters  of  the  Mississippi, 
instead  of  returning  home  overland,  with  his  com 
rades  in  arms,  he  procured  a  canoe  from  some 
friendly  Indian,  and,  accompanied  by  a  single 
companion,  boldly  descended  the  Father  of  WTaters 
a  distance  of  about  three  hundred  miles,  to  a  con 
venient  point  in  Calhoun  County,  where  he  landed 
his  frail  bark  and  then  proceeded  on  foot  to  his 
home  in  Carroll  ton."  * 

In  1835  Baker  moved  to  Springfield,  then  a  town 
of  fifteen  hundred  people,  and  began  to  seriously 
apply  himself  to  the  work  of  his  profession.  He 
must  have  been  rated  a  competent  lawyer,  for 
among  his  partners  at  different  times  were  Albert 
T.  Bledsoe,  subsequently  Assistant  Secretary  of  War 
of  the  Southern  Confederacy,  Josephus  Hewitt, 
Esq.,  and  the  venerated  and  highly  esteemed  Judge 
Stephen  T.  Logan.  To  be  something  of  a  lawyer  at 
that  time  and  in  that  place  Baker  had  to  be  some 
thing  of  a  man,  for  among  his  contemporaries  were 
Lincoln,  Douglas,  McDougall,  Shields,  Logan, 
Trumbull,  Stuart,  McClernand,  and  others  of 
scarcely  less  learning  and  eloquence.  Baker  was 
once  in  a  case  when  Stephen  A.  Douglas,  O.  H. 

1  Wallace,  p.  14. 


EARLY  LIFE  OF  EDWARD  D.  BAKER      95 

Browning,  Richard  Yates,  William  A.  Richardson, 
D.  B.  Bush,  William  R.  Archer,  and  James  A. 
McDougall  were  also  engaged  on  one  side  or  the 
other.  M  To  contend  with  such  meM  Baker  was 
forced  to  the  utmost  exercise  of  his  ^^ntal  powers. 
Orville  H.  Browning,  who  became  United  States 
Senator  from  Illinois  after  the  death  of  Stephen  A. 
Douglas,  said  of  Baker:  "When  I  traveled  upon  the 
same  circuit  with  him  and  others  who  have  since 
been  renowned  in  the  history  of  Illinois,  it  was  no 
uncommon  thing,  after  the  labors  of  the  day  in 
court  were  ended  and  forensic  battles  had  been  lost 
and  won,  for  the  lawyers  to  forget  the  asperities 
which  had  been  engendered  by  the  conflicts  of  the 
bar,  in  the  innocent  if  not  profitable  pastime  of 
writing  verses  for  the  amusement  of  each  other  and 
their  friends;  and  I  well  remember  with  what 
greater  facility  than  others  he  could  dash  from  his 
pen  effusions  sparkling  all  over  with  poetic  gems. 
If  all  that  he  thus  wrote  could  be  collected  together 
it  would  make  no  mean  addition  to  the  poetic 
literature  of  our  country." 

t  Baker  himself  did  not  set  so  high  an  estimate  on 
his  rhymes  and  made  no  effort  to  preserve  them. 
After  his  death  Colonel  John  W.  Forney  gave  the 
following  short  piece  by  Colonel  Baker  to  the 
public :  — 

1  The  Illini  ;  A  Story  of  the  Prairies,  A.  C.  McClurg  &  Co.,  p.  137. 
The  author,  General  Clark  E.  Carr,  calls  attention  to  the  fact  that     *./ 
six  of  these  men  became  United  States  Senators:  Douglas,  Brown 
ing,  Richardson,  and  Yates,  from  Illinois,  —  Yates  having  also  been 
governor,  —  McDougall  from  California,  and  Baker  from  Oregon. 


96       THE  CONTEST  FOR  CALIFORNIA 

TO  A  WAVE 

Dost  thou  seek  a  star  with  thy  swelling  crest, 
O  wave,  that  lea  vest  thy  mother's  breast? 
Dost  thou  leap  from  the  prisoned  depths  below, 
In  scorn  of  their  calm  and  constant  flow? 
Or  art  thou  seeking  some  distant  land, 
To  die  in  murmurs  upon  the  strand? 

Hast  thou  tales  to  tell  of  pearl-lit  deep, 
Where  the  wave- whelmed  mariner  rocks  in  sleep? 
Canst  thou  speak  of  navies  that  sunk  in  pride 
Ere  the  roll  of  their  thunder  in  echo  died? 
What  trophies,  what  banners,  are  floating  free 
In  the  shadowy  depths  of  that  silent  sea? 

It  were  vain  to  ask,  as  thou  rollest  afar, 
Of  banner,  or  mariner,  ship,  or  star; 
It  were  vain  to  seek  in  thy  stormy  face 
Some  tale  of  the  sorrowful  past  to  trace. 
Thou  art  swelling  high,  thou  art  flashing  free, 
How  vain  are  the  questions  we  ask  of  thee ! 

I,  too,  am  a  wave  on  a  stormy  sea; 

I,  too,  am  a  wanderer,  driven  like  thee; 

I,  too,  am  seeking  a  distant  land, 

To  be  lost  and  gone  ere  I  reach  the  strand. 

For  the  land  I  seek  is  a  waveless  shore, 

And  they  who  once  reach  it  shall  wander  no  more. 

Doctor  Jayne,  of  Springfield,  who  knew  all  the 
extraordinary  men  of  that  extraordinary  period, 
declared  that  "none  of  them  began  to  compare  with 
Colonel  Baker  as  a  public  speaker."  When  the 
corner-stone  of  the  new  capitol  of  the  state  was  laid, 
on  the  Fourth  of  July,  in  1837,  the  committee  of 
arrangements  considered  Abraham  Lincoln,  Ste- 


EARLY  LIFE  OF  EDWARD  D.  BAKER     97 

phen  A.  Douglas,  John  A.  Logan,  Lyman  Trumbull, 
James  A.  McDougall,  James  Shields,  and  John  A. 
McClernand,  and  finally  chose  Baker,  who  was  then 
but  twenty-six  years  of  age,  to  deliver  the  oration. 
This  choice  and  the  eloquent  character  of  the  ora 
tion  first  brought  the  young  lawyer  into  public 
notice  throughout  Illinois.  The  brief  reports  that 
remain  of  the  oration  indicate  that,  while  it  was 
eloquent,  it  also  naturally  indicated  the  youthful- 
ness  of  the  orator,  whose  closing  was  in  verse  of  his 
own  composition:  — 

If,  with  the  firm  resolve  to  wear  no  chain, 

They  dare  all  peril  and  endure  all  pain; 
If  their  free  spirits  spurn  a  chain  of  gold, 

By  wealth  unfettered  and  to  ease  unsold; 
If,  with  eternal  vigilance  they  tread 

In  the  true  paths  of  their  time-honored  dead :  — 
Long  as  the  star  shall  deck  the  brow  of  night, 

Long  as  the  smile  of  woman  shall  be  bright, 
Long  as  the  foam  shall  gather  where  the  roar 

Of  ocean  sounds  upon  the  wave- worn  shore  — 
So  long,  my  country,  shall  thy  banner  fly, 

Till  years  shall  cease  and  Time  itself  shall  die. 

At  this  period  Baker  began  to  be  active  in  polit 
ical  speaking.  There  were  times  when  neither  wit 
nor  argument  would  move  a  crowd;  when  physi 
cal  courage  alone  sufficed  to  control  the  turbulent 
spirits.  "It  was  on  such  an  occasion,  one  evening, 
that  Lincoln's  friend,  Edward  Dickinson  Baker, 
who  already  gave  promise  of  the  brilliant  career 
that  lay  before  him,  addressed  a  hostile  audience 
in  the  Springfield  courtroom.  The  meeting-room 
happened  to  be  directly  below  the  law  office  of 


98        THE  CONTEST  FOR  CALIFORNIA 

Stuart  and  Lincoln,  in  which  the  junior  member 
of  the  firm  lay  listening  through  a  trapdoor  that 
opened  above  the  platform.  The  speaker,  as  he 
warmed  to  his  subject,  denounced,  with  the  im 
petuous  eloquence  that  afterward  made  him 
famous,  the  dishonesty  of  Democratic  officials. 
'  Wherever  there  is  a  land  office  there  you  will 
find  a  Democratic  newspaper  defending  its  cor 
ruption,'  he  thundered.  'Pull  him  down!'  shouted 
John  B.  Weber,  whose  brother  was  the  editor  of 
the  local  administration  sheet.  There  was  a  noisy 
rush  toward  the  platform,  and,  for  the  n^ment,  it 
seemed  as  if  Baker,  who  stood  pale  yet  B^Lwould 
be  punished  for  his  temerity.  Then,  to  nfe  as 
tonishment  of  the  advancing  crowd,  a  lank  form 
dangled  through  the  scuttle  and  Lincoln  dropped 
upon  the  platform,  between  them  and  the  object 
of  their  anger.  After  gesticulating  in  vain  for 
silence,  he  seized  the  stone  water-jug  and  shouted, 
'  I  '11  break  this  over  the  head  of  the  first  man  who 
lays  a  hand  on  Baker!'  As  the  assailants  hesi 
tated,  he  continued,  'Hold  on,  gentlemen;  let  us 
not  disgrace  the  age  and  country  in  which  we 
live.  This  is  a  land  where  freedom  of  speech  is 
guaranteed.  Mr.  Baker  has  a  right  to  speak  and 
ought  to  be  permitted  to  do  so.  I  am  here  to  protect 
him,  and  no  man  shall  take  him  from  this  stand  if 
I  can  prevent  it.'  The  crowd  receded,  quiet  was 
restored,  and  Baker  finished  his  speech  without 
further  interruption."  l 

1  Lincoln,  Master  of  Men,  p.  56. 


EARLY  LIFE  OF  EDWARD  D.  BAKER      99 

Baker's  official  career  began  in  1837,  when  he 
was  chosen  for  the  general  assembly,  from  Sanga- 
mon  County.  During  the  years  of  his  service,  for 
he  was  reflected  several  times,  he  was  neglectful 
of  irksome  committee  work,  but  was  always  thor 
oughly  prepared  when  there  was  debate  on  pending 
measures.1  In  the  session  of  1839-40  a  memo 
rial  was  presented  preferring  charges  against  the 
Honorable  John  Pearson,  Judge  of  the  Seventh 
Judicial  District  of  the  state,  and  praying  for  his 
impeachment.  A  resolution  to  that  end  was  offered. 
The  suW«t  assumed  a  partisan  character  and  was 
warnJ^febated,  the  Whigs  generally  favoring,  and 
the  democrats  opposing,  the  measure.  The  House, 
by  a  party  vote,  decided  against  impeachment. 
Mr.  Baker,  alive  to  the  importance  of  preserving 
unblemished  the  purity  of  the  judicial  ermine,  drew 
up  a  protest  against  the  action  of  the  majority 
which  was  signed  by  himself,  Abraham  Lincoln, 
a  colleague,  and  the  minority  members  generally. 
The  document  expressed  exalted  views  of  the  func 
tion  of  the  judiciary  and  would  be  an  honor  to  a 
veteran  legislator  to-day. 

In  the  famous  "Tippecanoe  and  Tyler"  cam- 

1  Edward  Everett  said  of  Rufus  Choate:  "In  the  daily  routine  of 
legislation  he  did  not  take  an  active  part.  He  shunned  clerical  work, 
and  consequently  avoided,  as  much  as  duty  permitted,  the  labor  of 
the  committee  room ;  but  on  every  great  question  that  came  up  while 
he  was  a  member  of  either  house  of  Congress  he  made  a  great  speech; 
and  when  he  had  spoken  there  was  very  little  left  for  any  one  else  to 
say  on  the  same  side  of  the  question."  Life  and  Writings  of  Rufus 
Choate,  vol.  i,  p.  267.  Very  like  Baker.  —  E.  R.  K. 


100      THE  CONTEST  FOR  CALIFORNIA 

paign,  in  1840,  Baker  stumped  Illinois  and  neigh 
boring  states.  In  the  same  year  he  was  elected  to 
the  state  senate,  where  he  served  four  years,  mak 
ing  ten  in  all  in  the  Illinois  legislature.  It  is  the 
testimony  of  his  contemporaries  that  he  was  uni 
versally  conceded  the  highest  rank. 

On  the  twenty-seventh  of  April,  1831,  when  only 
twenty  years  of  age,  Baker  was  married  to  Mary 
Ann  Lee,  an  accomplished  and  well-to-do  widow 
of  Springfield,  with  whom  he  lived  in  the  happiest 
of  relations  until  his  tragic  death.  Shortly  after 
his  marriage  he  joined  the  Reformed  or  Christian 
Church  (the  members  of  which  are  often  ^spoken 
of  as  "Campbellites"),  his  wife  being  already  a  de 
vout  member. 

In  1844  Baker  sought  the  nomination  for  Con 
gress  in  the  Springfield  District.  Lincoln  was  also  a 
candidate,  but  Baker  won.  There  can  have  been 
nothing  but  honorable  rivalry  between  the  two,  for 
in  1846  Lincoln  named  his  second  son  Edward 
Baker.  Baker  had  for  his  opponent  John  Calhoun, 
afterward  notorious  in  the  pro-slavery  brutalities  in 
Kansas.  Baker  was  elected,  and  was,  as  already 
stated,  the  only  Whig  in  Congress  from  the  State 
of  Illinois.  Among  his  colleagues  were  Stephen  A. 
Douglas,  John  A.  McClernand,  John  Wentworth, 
Orlando  B.  Ficklin,  Robert  Smith,  and  Joseph  P. 
Hoge. 

In  February,  1846,  Mr.  Baker  addressed  a 
lengthy  letter  to  the  people  of  his  congressional 
district  on  the  subject  of  the  English  grain  laws  and 


ABRAHAM    LINCOLN 


EARLY  LIFE  OF  EDWARD  D.  BAKER    161 

the  influence  their  repeal  was  likely  to  exert  upon 
the  agricultural  interests  of  this  country.  The 
letter  disclosed  an  intimate  acquaintance  with  the 
laws  of  political  economy  and  attained  a  wide  cir 
culation  through  the  press.  Notwithstanding  his 
public  duties  Mr.  Baker  found  time  to  lecture  in 
Baltimore  for  the  benefit  of  a  Sunday  school,  his 
subject  being  "The  Influence  of  Commerce  upon 
Civilization."  The  Baltimore  papers  spoke  of  the 
lecture  in  very  complimentary  terms.  Colonel 
Baker  never  found  it  necessary  to  supplement  his 
professional  income  by  fees  for  lectures,  as  so  many 
of  our  public  men  have  been  forced  to  do,  and  his 
rostrum  addresses  were  few  and  the  occasions  of 
their  delivery  far  between.  However,  he  had  sev 
eral  topics  on  which  he  sometimes  spoke.  Among 
them,  besides  the  two  that  have  been  named,  were 
"Art,"  "Robert  Burns,"  "Life  and  Death  of 
Socrates,"  "The  Sea,"  and  "The  Plurality  of 
Worlds." 

When  the  Mexican  W7ar  broke  out  Baker  has 
tened  from  Washington  to  his  home  in  Illinois  and 
quickly  raised  a  regiment  of  volunteers  which  he 
led  to  the  Rio  Grande.  He  soon  discovered  that  the 
troops  stood  greatly  in  need  of  tent  equipage  and 
munitions  of  war.  After  a  few  months  in  camp, 
during  which  he  drilled  his  regiment  and  brought 
it  to  a  high  state  of  efficiency,  he  was  chosen  by 
General  Taylor  as  bearer  of  dispatches  to  the  War 
Department,  and  proceeded  to  Washington.  Con 
gress  was  in  session,  and  as  he  had  not  resigned  his 


102      THE  CONTEST  FOR  CALIFORNIA 

seat  in  the  House  he  availed  himself  of  his  privilege, 
as  a  member,  to  speak.  By  general  consent  one  of 
the  most  important  bills  was  made  a  special  order 
for  the  twenty -eighth  of  December  to  enable 
Colonel  Baker  to  discuss  it.  Having  brought  no 
civilian  clothes  with  him  he  spoke  in  his  military 
uniform,  —  and  so  rapidly  that  the  reporters  were 
unable  to  make  a  good  report.  The  speech  was  al 
most  entirely  impromptu,  entirely  without  notes, 
as  nearly  all  his  speeches  were.  It  created  a*  pro 
found  impression  and  exercised  great  influence  upon 
his  fellow  Whigs.  The  members  were  much  im 
pressed  by  Colonel  Baker's  recitation  of  a  poem  in 
memory  of  his  comrades  who  had  died  in  the  un 
healthy  camp  on  the  great  river,  —  the  fact  having 
been  whispered  through  the  House  that  the  poem 
was  their  fellow  member's  own  composition. 

Where  rolls  the  rushing  Rio  Grande, 

Here  peacefully  they  sleep; 
Far  from  their  native  Northern  land, 

Far  from  the  friends  who  weep. 
No  rolling  drum  disturbs  their  rest, 

Beneath  the  sandy  sod; 
The  mould  lies  heavy  on  each  breast  — 

The  spirit  is  with  God. 

They  heard  their  country's  call,  and  came 

To  battle  for  her  right; 
Each  bosom  filled  with  martial  flame, 

And  kindling  for  the  fight. 
Light  was  their  measured  footstep  when 

They  moved  to  seek  the  foe. 
Alas!  that  hearts  so  fiery  then 

Should  soon  be  cold  and  low! 


EARLY  LIFE  OF  EDWARD  D.  BAKER    103 

They  did  not  die  in  eager  strife, 

Upon  a  well-fought  field; 
Not  from  the  red  wound  poured  their  life, 

Where  cowering  foemen  yield. 
Death's  ghastly  shade  was  slowly  cast 

Upon  each  manly  brow; 
But  calm  and  fearless  to  the  last, 

They  sleep  in  silence  now. 

Yet  shall  a  grateful  country  give 

Her  honors  to  their  name; 
In  kindred  hearts  their  memories  live, 

And  history  guards  their  fame. 
Nor  unremembered  do  they  sleep 

Upon  a  foreign  strand; 
Though  near  their  graves  thy  wild  waves  sweep, 

Thou  rushing  Rio  Grande. 

At  the  close  of  his  speech,  Colonel  Baker  by 
unanimous  consent  of  the  House  introduced  a  joint 
resolution  authorizing  the  Secretary  of  War  to  take 
measures  for  better  clothing  of  the  troops,  which 
forthwith  had  all  three  readings  and  was  passed. 

The  historians  of  Lincoln  say : "  Immediately  after 
making  this  speech,  Baker  increased  the  favorable 
impression  created  by  it  by  resigning  his  seat  in 
Congress  and  hurrying  as  fast  as  steam  could  carry 
him  to  New  Orleans,  to  embark  there  for  Mexico. 
He  had  heard  of  the  advance  of  Santa  Anna  upon 
Saltillo,  and  did  not  wish  to  lose  any  opportunity  of 
fighting  which  might  fall  in  the  way  of  his  regiment. 
He  arrived  to  find  his  regiment  transferred  to  the 
department  of  General  Scott;  and  although  he 
missed  Buena  Vista,  he  took  part  in  the  capture 
of  Vera  Cruz  and  greatly  distinguished  himself  at 


104      THE  CONTEST  FOR  CALIFORNIA 

Cerro  Gordo."  1  General  Scott,  with  the  bulk  of 
his  force,  was  directly  in  front  of  Cerro  Gordo, 
which  was  a  height  and  strongly  fortified.  He  de 
tached  General  Twiggs's  division  for  a  flank  move 
ment  on  the  enemy's  left.  Twiggs  ordered  General 
Shields  with  his  Illinois  brigade  to  charge.  The 
Mexicans  discovered  the  movement  and  their  bat 
tery  opened  fire  with  grape.  The  gallant  Illinoisans 
were  not  dismayed  but  rushed  forward  with  a  shout. 
As  they  were  in  the  thickest  of  the  fight  General 
Shields  fell,  badly  wounded.  That  disconcerted 
the  troops.  There  was  a  halt,  a  shudder,  that  began 
among  those  nearest  the  General  and  rapidly 
spread  through  the  brigade.  In  another  moment 
there  would  have  been  a  retreat,  probably  a  rout. 
Colonel  Baker  instantly  took  in  the  situation. 
Flashing  his  sword,  he  shouted  to  his  own  regiment, 
"Come  on!"  and  ordered  the  whole  brigade  to 
advance.  The  brave  fellows  sprang  forward  to 
follow  such  an  intrepid  leader  and  drove  the  Mexi 
cans  pell-mell  out  of  their  fortifications.  This 
movement  on  their  flank  led  to  a  diversion  of 
Mexican  troops  from  the  centre,  as  General  Scott 
expected.  Taking  advantage  of  this  weakening  of 
the  enemy's  centre,  Scott  moved  the  main  body  of 
his  army  forward  and  gained  one  of  the  most  bril 
liant  victories  of  the  campaign.  General  Twiggs  in 
his  report  speaks  of  "the  command  of  the  brigade 
devolving  upon  Colonel  Baker,  who  conducted  it 
with  ability."  General  Scott  said,  "The  brigade  so 

1  Nicolay  and  Hay,  vol.  i,  p.  255. 


EARLY  LIFE  OF  EDWARD  D.  BAKER    105 

gallantly  led  by  General  Shields,  and,  after  his  fall, 
by  Colonel  Baker,  deserves  high  commendation  for 
its  fine  behavior  and  success."  The  General  con 
tinued  Colonel  Baker  in  command  of  the  brigade. 
Shortly  after  this  battle  the  term  of  enlistment  of 
Baker's  regiment  expired.  The  men  preferred  not 
to  reenlist,  but  returned  to  Illinois  and  were  mus 
tered  out  of  service.  Baker  was  thus  left  without 
a  command,  so  he  at  once  resumed  the  practice 
of  law.  At  this  time  the  state  presented  Colonel 
Baker  with  a  sword  in  a  magnificent  gold  scabbard. 


CHAPTER  VIII 

BAKER'S  SUCCESSES  —  IN  POLITICS  IN  THREE  STATES 
—  IN  CONGRESS  AGAIN  —  SUPERINTENDS  CON 
STRUCTION  OF  PANAMA  RAILROAD LIFE  IN  SAN 

FRANCISCO  —  POPULARITY  AS  ORATOR 

BAKER  had  an  insatiate  appetite  for  action,  an 
eagerness  for  influence  on  affairs,  but  he  was  un 
willing  again  to  be  a  rival  of  Lincoln  for  political 
honors.  I  believe  Lincoln  felt  that  Baker,  with  the 
glamour  attaching  to  his  military  career,  might 
with  greater  ease  than  previously  have  secured 
the  nomination  for  Congress  from  the  Springfield 
District.  But  the  magnanimous  and  warm-hearted 
friend  chose  to  move  out  of  the  district  and  settle 
in  Galena.  This  other  district  had  always  been 
strongly  Democratic,  but  Baker  in  1848  announced 
himself  an  Independent  Whig  candidate  for  Con 
gress,  spoke  everywhere,  and  was  elected  by  a 
thousand  majority,  after  residing  in  the  district 
only  three  weeks.  It  was  a  personal  candidacy,  a 
personal  canvass,  and  a  personal  victory.  At  the 
end  of  his  term  he  declined  to  be  a  candidate  again 
and  the  district  reverted  to  Democracy.  In  1848  he 
was  also  a  candidate  for  Presidential  Elector,  and 
he  and  Lincoln  were  the  chief  stump  speakers  for 
General  Taylor  in  Illinois.  Baker's  efforts  extended 


BAKER'S  SUCCESSES  107 

also  to  Iowa,  Wisconsin,  and  Minnesota.  After 
General  Taylor's  election  to  the  Presidency,  Baker 
was  urged  for  a  position  in  the  Cabinet.  Lincoln 
tried  to  bring  it  about  and  the  Whig  members  of  the 
legislatures  of  Illinois,  Iowa,  and  Wisconsin  joined 
in  his  support.  The  effort  failed  and  Baker  was 
chagrined  and  disappointed.  However,  he  was  a 
Congressman-elect  and  he  entered  upon  his  duties 
with  ardor.  The  House,  that  term,  comprised  an 
unusual  number  of  men  whose  renown  had  ex 
tended  beyond  the  borders  of  their  own  states.  In 
the  prolonged  contest  for  Speaker  of  the  House 
Baker  received  some  votes,  but  he  himself  sup 
ported  Mr.  Winthrop,  of  Massachusetts,  who  was 
finally  elected. 

During  the  first  session  there  was  an  acrimonious 
debate  on  the  question  of  admitting  California  to 
statehood.  The  Southern  Congressmen  strove  to 
reject  the  application  of  the  new  commonwealth. 
Colonel  Baker  advocated  its  admission.  Mr.  Ven- 
able,  discussing  the  subject,  mentioned  Baker's 
foreign  birth.  Colonel  Baker,  referring  to  Mr. 
Venable's  endeavor  to  keep  California  out  of  the 
Union,  retorted,  "I  tell  the  gentleman,  if  he  means 
to  intimate  that  it  is  so  great  a  disgrace  to  have 
been  born  in  a  foreign  country,  that  I  imagine  the 
disgrace  to  be  infinitely  greater  when  a  man  desires 
to  make  one  portion  of  his  country  foreign  to  an 
other  portion."  The  chivalrous  Mr.  Toombs  also 
regarded  it  as  not  beyond  the  limits  of  the  high  cour 
tesy  he  professed  to  refer  to  the  fact  that  Colonel 


108      THE  CONTEST  FOR  CALIFORNIA 

Baker  had  not  been  one  of  the  emigrants  previous  to 
1776.  Colonel  Baker  replied :  "  I  do  not  see  what  the 
birthplace  of  an  individual  so  humble  as  myself  can 
possibly  have  to  do  with  California;  and  perhaps  I 
ought  to  be  obliged  to  the  gentleman  for  dignifying 
me  by  connecting  my  name  for  a  moment  with  such 
a  controversy.  But  no  man  feels  altogether  satisfied 
to  have  his  position  studiously  misrepresented,  and 
I  appeal  to  the  candor  of  the  gentleman,  with  whom 
my  associations  have  hitherto  been  agreeable  if  not 
friendly,  to  inform  me  what  my  ancestors,  up  to 
Father  Adam,  have  to  do  with  the  admission  of  Cal 
ifornia  into  this  Union.  Whether  they  came  from 
Great  Britain  or  anywhere  else,  it  can  make  but 
little  difference  so  far  as  this  question  is  concerned. 
But,  while  I  acknowledge  the  grace  and  magnanim 
ity  with  which  my  colleague  [Mr.  Harris]  has  spoken 
for  me,  I  desire  to  say,  also,  for  myself,  that  if 
any  gentleman  on  this  floor,  directly  or  indirectly, 
means  to  impute  to  me  that,  because  my  first 
breath  may  have  been  drawn  in  a  foreign  land,  and 
because  my  eyes  first  opened  to  the  light  of  another 
sky  I  am  not  in  mind,  heart,  feelings,  purposes, 
and  intentions,  as  true  to  the  land  of  my  childhood, 
and  the  land  of  my  choice,  as  the  man  who  dares 
impugn  me,  he  says  what  is  from  the  beginning 
untrue  in  word  and  act  and  thought  and  deed,  — 
that  which  is  utterly  and  entirely  untrue.  Sir,  I 
have  proved  it,  as  my  colleague  has  said;  I  have 
bared  my  bosom  to  the  battle  on  the  Northwestern 
frontier  in  my  youth  and  on  the  Southwestern 


BAKER'S  SUCCESSES  109 

frontier  in  my  manhood.  I  have  earned  somewhat 
of  the  good  will  of  my  country.  In  the  councils  of 
my  state  for  a  period  of  ten  consecutive  years,  and 
in  her  service  here,  my  constituents  have  confided 
in  my  devotion  to  their  interests  and  my  attach 
ment  to  the  Union.  I  have  only  to  say  that  if  the 
time  should  come  when  disunion  rules  the  hour  and 
discord  is  to  reign  supreme,1  I  shall  again  be  ready 
to  give  the  best  blood  in  my  veins  to  my  country's 


cause."  2 


Colonel  Baker  favored  some,  but  not  all,  of  the 
compromise  measures  designed  to  allay  the  angry 
excitement  of  the  South,  but  he  took  no  active  part 
in  the  debates.  On  the  nineteenth  of  December  he 
introduced  and  secured  the  passage  of  a  resolution 
inviting  Father  Mathew,  the  great  temperance  ad 
vocate,  to  a  seat  on  the  floor  of  the  House.  He 
vigorously  defended  Secretary  Ewing,  of  the  Cab 
inet,  against  insinuations  that  he  had  exercised 
powers  not  legally  belonging  to  his  department.  He 
spoke  eloquently  in  favor  of  detailing  thirty  navy 
seamen  to  serve  in  the  expedition  being  fitted  out 
by  Moses  H.  Grinnell,  of  New  York,  to  aid  in  the 
search  for  Sir  John  Franklin.  In  the  course  of  his 
remarks  Colonel  Baker  said :  — 

"I  will  grant  aid  to  Mr.  Grinnell  now  as  readily 
as  I  would  have  done  to  Columbus  if  I  had  been  a 
citizen  or  legislator  of  Spain  in  the  reign  of  Ferdi 
nand  and  Isabella.  It  is  this  generous  love  of  glory 

1  An  expression  of  Mr.  Toombs's. 

8  Cong.  Globe,  vol.  xxi,  part  2,  pp.  1198  and  1200. 


110      THE  CONTEST  FOR  CALIFORNIA 

which  I  admire.  It  was  this  which  prompted  the 
'world-seeking  Genoese'  to  the  noblest  enterprise 
of  any  age  and  kept  him  firm  amid  terrified  mari 
ners  and  on  an  unknown  and  stormy  sea.  It  is  this 
which  kindles  high  hearts  to  all  great  enterprises; 
and,  sir,  when  this  love  of  glory  seeks  its  accom 
plishment  in  noble  discovery  and  princely  munifi 
cence,  I  not  only  admire,  but  honor  it;  and  I  am 
honored  in  being  allowed  to  aid  it. 

"But,  sir,  the  whole  American  people  have  an 
interest  in  these  expeditions.  It  is  no  longer  true 
of  England,  that  she  is  the  'mistress  of  the  ocean/ 
We,  too,  hold  our  'march  upon  the  mountain  wave' 
—  our  keels  vex  every  sea;  and  whatever  opens 
new  channels  of  commerce  adds  to  our  wealth  and 
dominion.  And  yet  I  am  disposed  to  place  the 
support  of  this  measure  upon  higher  ground.  It 
has  been  said  that  literature  belongs  to  no  age  and 
no  country.  It  may  be  repeated  of  discovery  and 
invention,  as  the  benefit  is  for  all  ages  and  all 
countries  —  for  the  world,  and  for  the  whole  family 
of  man.  So  I  trust  an  enlightened  statesmanship 
will  send  forth,  in  the  name  of  this  great  nation, 
messages  of  consolation  and  succor  to  the  absent  — 
not  alone  to  relieve  them,  but  also  to  assure  all  who 
may  succeed  them  in  the  paths  of  adventurous 
peril  that  they  shall  be  neither  neglected  nor  for 
gotten. 

"Sir,  should  the  sacredness  of  misfortune  be 
overlooked?  If  these  men  had  sought  the  Northern 
seas  for  mere  private  gain,  even  then  the  greatness 


BAKER'S  SUCCESSES  111 

of  their  danger  would  reach  the  American  heart. 
The  noble  woman  who  looks  out  upon  the  'mel 
ancholy  main'  with  eyes  shining  with  hope,  yet 
dimmed  with  tears,  does  not  and  cannot  appeal  to 
us  in  vain.  For  one,  I  shall  respond  to  the  call. 
Here  is  a  public-spirited  American  merchant,  who, 
with  a  munificence  equaling  the  merchant  princes 
of  Florence,  equips  his  vessels  and  proposes  to 
traverse  the  unknown  regions  of  the  North  to  re 
store  distinguished  men  to  the  world  and  husbands 
and  fathers  to  their  homes.  He  asks  the  protection 
of  our  name  and  our  laws.  Sir,  let  him  have  them. 
Let  us  put  our  flag  at  the  masthead,  our  laws  upon 
the  deck,  our  protection  around  the  ship.  It  may  be 
our  stars  may  first  gleam  upon  those  watching  eyes. 
Think  you,  sir,  they  will  not  hail  them  with  a  wilder 
joy  when  they  come  to  tell  them  that  America 
conducts  the  search?" 

Doubtless  the  most  notable  act  of  Colonel  Baker 
during  this  session  was  his  beautiful  eulogy  when 
the  commemoration  service  was  held  in  the  Houge 
shortly  after  General  Taylor's  death:  — 

"The  late  President  of  the  United  States  has 
devoted  his  whole  life  to  the  service  of  his  country. 
Of  a  nature  singularly  unambitious,  he  seems  to 
have  combined  the  utmost  gentleness  of  manner 
with  the  greatest  firmness  of  purpose.  For  more 
than  thirty  years  the  duties  of  his  station  confined 
him  to  a  sphere  where  only  those  who  knew  him 
most  intimately  could  perceive  the  qualities  which 
danger  quickened  and  brightened  into  sublimity 


THE  CONTEST  FOR  CALIFORNIA 

and  grandeur.  In  the  late  war  with  Great  Britain 
he  was  but  a  captain;  yet  the  little  band  who  de 
fended  Fort  Harrison  saw  amid  the  smoke  of  battle 
that  they  were  commanded  by  a  man  fit  for  his 
station.  In  the  Florida  campaign  he  commanded 
but  a  brigade;  yet  his  leadership  not  only  evinced 
courage  and  conduct,  but  inspired  these  qualities 
in  the  meanest  soldier  in  his  ranks.  He  began  the 
Mexican  campaign  at  the  head  only  of  a  division; 
yet  as  the  events  of  the  war  swelled  that  division 
into  an  army,  so  the  crisis  kindled  him  into  higher 
resolves  and  nobler  actions  till  the  successive 
steps  of  advance  became  the  assured  march  of 
victory. 

"Mr.  Speaker,  as  we  review  the  brilliant  and 
stirring  passages  of  the  events  to  which  I  refer  it  is 
not  in  the  power  even  of  sudden  grief  to  suppress 
the  admiration  which  thrills  our  hearts.  When, 
sir,  has  there  been  such  a  campaign,  when  such 
soldiers  to  be  led,  and  when  such  qualities  of  leader 
ship  so  variously  combined?  How  simple,  but  yet 
how  grand,  was  the  announcement,  'In  whatever 
force  the  enemy  may  be,  I  shall  fight  him.'  It  gave 
Palo  Alto  and  Resaca  to  our  banner.  How  stead 
fast  the  resolution  that  impelled  the  advance  to 
Monterey!  How  stirring  the  courage  which  be 
leaguered  the  frowning  city,  which  stormed  the 
barricaded  street,  which  carried  the  embattled 
heights,  and  won  and  kept  the  whole !  Nor,  sir,  can 
we  forget  that  in  the  flush  of  victory  the  gentle 
heart  stayed  the  bold  hand,  while  the  conquering 


BAKER'S  SUCCESSES  113 

soldier  offered  sacrifices  on  the  altar  of  pity,  amid 
all  the  exultation  of  triumph.  .  .  . 

"Mr.  Speaker,  the  character  upon  which  Death 
has  just  set  his  seal  is  filled  with  beautiful  and  im 
pressive  contrasts:  —  a  warrior,  he  loved  peace;  a 
man  of  action,  he  sighed  for  retirement.  Amid  the 
events  which  crowned  him  with  fame,  he  coun 
seled  a  withdrawal  of  our  troops.  And,  whether  at 
the  head  of  armies  or  in  the  chair  of  state,  he  ap 
peared  as  utterly  unconscious  of  his  great  renown 
as  if  no  banners  had  drooped  at  his  word,  or  as  if  no 
gleam  of  glory  shone  through  his  whitened  hair." 

During  this  term  Colonel  Baker  took  ground 
against  dueling.  Amid  very  exciting  circumstances 
a  hostile  meeting  was  about  to  occur  between 
Colonel  Bissell,  of  Illinois,  and  Jefferson  Davis. 
Several  members  of  the  House  were  talking  the 
matter  over  together  when  Colonel  Baker  de 
nounced  the  practice  of  dueling  as  infamous,  bar 
barous,  inhuman.  The  entire  party  was  struck 
with  astonishment  that  one  who  had  proved  him 
self  gallant,  brave,  and  daring  should  condemn  a 
practice  so  prevalent.  The  others  endeavored  at 
first  to  combat  Colonel  Baker's  arguments,  but 
they  made  such  a  deep  impression  that  the  friends 
of  the  principals  in  the  quarrel  determined  to  en 
deavor  to  adjust  the  matter  peaceably,  which  they 
succeeded  in  doing. 

Colonel  Baker  once  said  that  he  felt  his  greatest 
capacity  was,  not  for  eloquence  or  the  law,  but  to 
command  men.  Possibly  that  conviction  had  some- 


114      THE  CONTEST  FOR  CALIFORNIA 

thing  to  do  with  an  enterprise  in  which  he  engaged 
early  in  1851, an  enterprise  "as  wild  as  it  was  engag 
ing."  William  H.  Aspinwall,  Henry  Chauncey,  and 
John  L.  Stevens  entered  into  a  contract  with  the 
Government  of  New  Granada  under  which  the  in 
dividuals  named  were  to  construct  a  railroad  across 
the  Isthmus  of  Panama.  It  was  a  splendid,  daring 
project,  but  it  is  unlikely  that  it  would  have  drawn 
an  Illinois  lawyer  away  from  his  inland  home  unless 
there  had  been  some  peculiar  reason  to  arouse  his 
interest.  That  reason,  I  believe,  was  a  connection 
between  the  families  of  Colonel  Baker  and  Mr. 
Stevens.  The  capitalists  wanted  a  man  of  integrity, 
of  energy,  and  accustomed  to  command.  Baker  con 
tracted  to  grade  a  section  of  the  road.  He  gathered 
several  hundred  sturdy  laborers  in  the  West  and 
sent  them  out  to  the  Isthmus  in  charge  of  his 
brother  Alfred,  who  was  a  skillful  physician.  The 
Colonel  himself  went  down  to  superintend  the 
work.  In  digging  and  constructing  the  Panama 
Canal  the  deadly  influence  of  soil  and  climate  has 
now  been  almost  entirely  overcome  by  the  sanitary 
engineers  of  the  United  States  Government.  In 
1851  sanitary  science  had  scarcely  been  recognized; 
but  even  if  it  had  been  matured,  the  Illinois  party 
could  not  have  commanded  such  resources  as  have 
now  made  life  safe  and  comfortable  along  the  line 
of  the  Canal.  Baker's  party  did  energetic,  effective 
work,  but  after  many  months  their  chief  succumbed 
to  the  fierce  malarial  fever  and  was  sent  home  to 
recover  his  health.  That  accomplished,  Baker  was 


BAKER'S  SUCCESSES  115 

receptive  to  the  next  magnificent  adventure  that 
should  offer.  California  was  the  sensation  of  the 
time,  — the  land  of  unparalleled  opportunity,  the 
land  of  promise,  of  romance,  of  dreams,  of  vivid 
imagination.  The  very  air  was  full  of  gold  dust. 
The  approaching  years  appeared  full  of  hope  and 
honors.  While  Baker  had  been  toiling  amid  the 
luxuriant  thickets  of  the  Isthmus,  many  of  his 
Illinois  friends  had  gone  to  the  Golden  State  - 
among  them  his  professional  friend  McDougall. 
It  was  the  most  natural  thing  in  the  world  for 
Baker  to  follow  them,  and  in  1852,  with  his  entire 
family,  he  migrated  to  California  and  settled  in  its 
chief  city. 

The  Bar  of  San  Francisco  at  that  time  com 
prised  an  unusual  number  of  able  men  —  men  who 
would  have  been  eminent  in  any  city.  There  was 
Hall  McAllister,  "a  commanding  figure";  John 
B.  Felton,  unselfish  and  masterful;  Henry  Herbert 
Byrne,  especially  successful  in  bringing  criminals 
to  justice;  Lorenzo  Sawyer,  a  model,  virtuous  man, 
persistent  in  practice,  afterward  eminent  on  the 
Bench;  Solomon  Heydenfeldt,  a  man  of  mark  as 
early  as  1850,  but  later  forced  to  discontinue  prac 
tice  because  he  would  not  take  the  oath  of  loyalty; 
Henry  S.  Foote,  who  had  been  Governor  of  Missis 
sippi  and  United  States  Senator  from  that  state; 
Alexander  Anderson,  who  had  been  United  States 
Senator  from  Tennessee  [Anderson  arrived  in  Cali 
fornia  two  years  after  Baker];  Hugh  C.  Murray, 
whose  talents  earned  him  the  chief  justiceship  of  the 


116      THE  CONTEST  FOR  CALIFORNIA 

state;  Peter  H.  Burnett,  the  first  governor  of  the 
state;  General  Charles  H.  S.  Williams,  one  of  the 
ablest  lawyers  who  ever  practiced  on  the  coast; 
John  T.  Doyle,  who  left  San  Francisco  for  a  time 
and  became  a  partner  of  Mr.  Rapallo,  who  was  later 
a  justice  of  the  Court  of  Appeals  of  New  York; 
Alexander  Campbell,  who  had  previously  been  dis 
trict  attorney  of  Kings  County,  New  York,  of 
lightning  perceptions,  courageous,  and  forcible ; 
S.  C.  Hastings,  who  had  sat  in  Congress  from  Iowa, 
and  been  chief  justice  of  that  territory  before  join 
ing  the  Argonauts : — among  his  notable  sayings  was 
this:  "I  believe  a  state  has  the  right  to  secede,  and 
I  believe  the  other  states  have  a  right  to  whip  her 
back."  Then,  among  the  most  interesting  was  Rufus 
A.  Lockwood  (an  assumed  name),  who,  when  prac 
ticing  in  Indiana,  was  declared  to  have  made  "the 
best  jury  speech  ever  made  on  this  continent  —  or 
any  other";  a  strange  being,  full  of  eccentricities, 
but  at  one  time  considered  by  many  the  leader  of 
the  San  Francisco  Bar.  There  were  also  Frank  Til- 
ford,  from  Kentucky,  and  his  partner,  Edmund  Ran 
dolph,  from  Virginia,  who  was  counsel  for  the  Gov 
ernment  in  the  suit  over  the  ownership  of  the  New 
Almaden  quicksilver  mine,  his  opponents  being 
Reverdy  Johnson,  Judah  P.  Benjamin,  and  Archi 
bald  C.  Peachy;  Joseph  G.  Baldwin,  who,  while 
living  in  Alabama,  had  attained  fame  as  the  author 
of  "The  Flush  Times  of  Alabama  and  Mississippi.'* 
S.  S.  Prentiss  said  of  him,  "A  great  man  is  Joe.  He 
has  no  superior  as  writer  and  lawyer.  He  comes 


BAKER'S  SUCCESSES  117 

nearest  to  my  idea  of  a  universal  genius."  There 
was  also  Joseph  P.  Hoge,  the  Nestor  of  this  remark 
able  company.  Oscar  L.  Shatter  and  James  McMil 
lan  Shafter,  par  nobile  fratrum,  came  shortly  after 
Baker  and  attained  high  distinction.  Then,  too, 
there  were  Edward  Stanly,  dignified  and  accom 
plished;  Trenor  W.  Park,  regarded  as  equal  to  any 
in  the  conduct  of  a  case;  John  Currey,  sturdy  and 
exalted  in  character;  and  last,  but  far  from  least, 
James  A.  McDougall. 

Baker's  reputation  had  preceded  him,  and  even 
in  rivalry  with  such  men  as  have  been  named  he  was 
soon  enjoying  a  more  lucrative  practice  than  he 
ever  had  in  Illinois.  Mr.  Shuck  says,  "His  figure 
looms  up  as  the  most  striking  in  our  legal  annals."1 
Mr.  Stanly,  in  his  oration  at  Baker's  funeral  said : 
"Time  will  not  allow  me  to  recount  his  many  tri 
umphs  among  eminent  men  at  the  Bar.  The  coun 
try  well  knows  how  preeminently  great  he  was  in 
cases  of  life  and  death,  —  how  irresistible  he  was 
when  he  deprived  men  of  their  reason  as  he  over 
whelmed  them  in  admiration  of  his  transcendent 
genius.  By  universal  consent  he  was  regarded  as 
having  no  rival  in  this  branch  of  his  profession." 

Capital  cases  in  which  Baker  was  counsel  aroused 
such  interest  that,  instead  of  being  regarded  as 
merely  trials,  they  became  opportunities  for  the  ob 
servation  and  "enjoyment  of  the  brilliant  talents 
of  an  extraordinary  advocate;  so  that  old  gentlemen 

1  Bench  and  Bar,  p.  14.    I  am  indebted  to  Mr.  Shuck  for  most 
of  these  characterizations.  —  E.  R.  K. 


118      THE  CONTEST  FOR  CALIFORNIA 

who  have  indulged  in  the  entertaining  pastime  of 
publishing  reminiscences  have  exaggerated  that 
feature  of  Colonel  Baker's  talents  and  practice  and 
in  some  instances  quite  forgotten  his  success  in  civil 
cases.  In  the  latter  he  had  rivals;  in  the  former  he 
stood  alone.  It  is  said  he  never  lost  a  capital  case. 
It  is  true,  as  well,  that  his  success  in  civil  practice 
ranked  him  with  the  foremost.  A  contemporary 
said,  "He  practiced  law  here  with  distinguished 
brilliancy  and  success."  1  His  first  case  outside  San 
Francisco  was  in  the  matter  of  a  promissory  note, 
in  Sacramento,  and  has  already  been  referred  to. 
He  was  counsel  for  the  defense  in  a  case  where 
Major  J.  R.  Snyder  was  charged  with  embezzle 
ment.  Major  Snyder  arrived  in  California  several 
years  before  the  Argonauts,  and  at  various  times 
held  responsible  offices.  While  he  was  superintend 
ent  of  the  San  Francisco  Mint  he  was  tried  on  a 
charge  of  embezzlement,  it  being  asserted  that 
there  was  a  continuous  shrinkage  in  the  precious 
metals  brought  to  be  minted.  The  defense  claimed 
that  the  missing  gold  had  gone  up  the  chimney. 
Colonel  Baker  had  the  faculty  of  understanding 
mechanical  principles.  He  spent  several  weeks  in 
studying  the  chemical  operations  of  the  Mint,  and 
on  the  trial  showed  that  he  knew  more  on  that  sub 
ject  than  anybody  on  either  side.  Judge  Freelon 
declared  that  Baker's  argument  on  that  trial  was 
the  finest  he  ever  heard  him  deliver.  He  heard 
Baker  in  the  Cora  case,  and  thought,  while  his 
1  Bench  and  Bar,  p.  15. 


BAKER'S  SUCCESSES  119 

speech  was  more  brilliant,  eloquent,  and  impas 
sioned,  yet,  as  a  forensic  effort,  an  argumentative 
display,  a  union  of  fact,  argument,  and  expression, 
the  speech  on  behalf  of  Major  Snyder  was  more 
creditable  to  him  as  lawyer  and  advocate.  In  his 
argument  he  turned  his  knowledge  to  good  account 
and  displayed  his  best  powers  of  oratory  in  illustra 
tion.1  In  1856  Colonel  Baker  received  a  fee  of 
$13,000  in  a  suit  involving  a  supply  of  water  for 
mining,  which  was  tried  at  Downieville.  Specta 
tors  declared  that  the  Colonel  won  the  case  by  a 
brilliant  apostrophe  to  water.  Everybody,  includ 
ing  the  jury,  was  carried  away  by  the  beauty  of 
that  passage  in  the  closing  of  his  argument.  In  a 
case  arising  out  of  a  bank  failure  in  San  Francisco 
Baker's  fee  was  $25,000,  which  was  extraordinary  if 
not  unparalleled  in  those  days. 

The  most  celebrated  and  sensational  of  all 
Baker's  jury  trials  was  his  defense  of  Charles  Cora, 
in  which  General  McDougall  was  associated  with 
him.  Cora,  an  Italian,  was  a  gambler  and  a  man  of 
evil  associations.  On  the  eighteenth  of  November, 
1855,  Cora  and  United  States  Marshal  Richardson 
met  in  a  saloon.  They  were  mutually  presented, 
drank  together  several  times,  finally  separating  after 
a  quarrel  in  which  both  were  to  blame.  The  following 
day  they  again  encountered  each  other  in  the  same 
place.  Another  dispute  arose,  they  went  outside, 
scuffled,  and  Cora  shot  Richardson  through  the 
heart.  The  killing  of  a  Federal  official  so  well 
1  Bench  and  Bar,  p.  17. 


120      THE  CONTEST  FOR  CALIFORNIA 

known,  following  a  large  number  of  homicides  and 
other  deeds  of  violence,  aroused  the  community  to  a 
degree  of  undiscriminating  hysteria.  The  daily  jour 
nals  not  only  condemned  Cora,  —  in  advance  of 
trial,  —  declaring  it  was  a  case  of  "assassination," 
of  "cold-blooded  murder,"  but  they  violently  de 
nounced  the  lawyers  who  consented  to  present  his 
case  to  the  court  and  jury.  Eminent  members  of  the 
bar  quailed  before  the  storm  of  obloquy.  By  the 
time  Colonel  Baker  was  called  in  it  seemed  as 
though  the  accused  man  was  going  to  be  unable  to 
obtain  the  services  of  any  lawyer  competent  to 
stand  before  the  able  prosecuting  attorney  and  his 
aids.  Mr.  Oscar  T.  Shuck,  of  the  San  Francisco 
Bar,  and  one  of  the  most  popular  authors  of  Cali 
fornia,  said  of  the  jury  that  it  "was  a  strong  and 
worthy  array."  l  In  behalf  of  Cora  it  was  claimed 
that  he  fired  in  self-defense.  The  jury  disagreed. 

A  recent  writer,2  from  whom  I  have  taken  some 
statements  of  details  of  the  case,  has  gone  out  of  his 
way  to  drag  up  base  slanders  upon  Colonel  Baker 
that  have  long  lain  "festering  in  the  infamy  of 
years."  Mr.  Lynch  was  writing  the  life  of  Senator 
Broderick,  who  admired  Baker,  and  at  whose  fun 
eral  Baker  pronounced  one  of  the  most  beautiful 
memorial  orations  preserved  in  literature,  an  ad 
dress  which  Mr.  Lynch  uses  to  enrich  the  pages  of 
his  book.  After  reprinting  emanations  of  an  orgy 
of  detraction,  Mr.  Lynch  asks,  "What  will  not  law- 

1  Masterpieces  of  E.  D.  Baker,  p.  289. 

2  Jeremiah  Lynch,  in  A  Senator  of  the  Fifties. 


BAKER'S  SUCCESSES 

yers  do  for  money?"  Colonel  Baker  answered  such 
questions  when  they  were  alive.  Read  a  few  words 
relative  to  this  matter  from  his  address  to  the  jury: 
"The  profession  to  which  we  belong  is,  of  all  others, 
fearless  of  public  opinion.  It  has  ever  stood  up 
against  the  tyranny  of  monarchs  on  the  one  hand 
and  the  tyranny  of  public  opinion  on  the  other. 
And  if,  as  the  humblest  among  them,  it  becomes  me 
to  instance  myself,  I  may  say  with  a  bold  heart,  and 
I  do  say  it  with  a  bold  heart,  that  there  is  not  in  all 
this  world  the  wretch  so  humble,  so  guilty,  so  de 
spairing,  so  torn  with  avenging  furies,  so  pursued 
by  the  arm  of  the  law,  so  hunted  to  cities  of  refuge, 
so  fearful  of  life,  so  afraid  of  death,  —  there  is  no 
wretch  so  steeped  in  all  the  agonies  of  vice  and 
crime,  that  I  would  not  have  a  heart  to  listen  to  his 
cry  and  a  tongue  to  speak  in  his  defense,  though 
round  his  head  all  the  wrath  of  public  opinion  should 
gather  and  rage  and  roar  and  roll  as  the  ocean  rolls 
around  the  rock."  1 

It  may  fairly  be  assumed  that  Mr.  Lynch  is  one 
of  an  unthinking  multitude  who  would  deny  to  an 
accused  person  whom  the  newspapers  have  con 
victed  the  right  to  have  a  lawyer  present  his  case 
when  he  is  put  upon  trial.  Many  appear  to  think 
that  only  an  inferior  lawyer  should  be  allowed;  or, 
if  a  superior  lawyer,  that  he  must  not  do  his  best 
for  a  client  who  has  been  convicted  by  the  news 
papers.  Such  things  were  sometimes  said  in  Boston 
when  Rufus  Choate  reigned  at  the  Suffolk  Bar. 
1  Masterpieces  of  E.  D.  Baker,  p.  306. 


THE  CONTEST  FOR  CALIFORNIA 

When  the  memorial  of  Mr.  Choate  was  presented  to 
the  Supreme  Judicial  Court  the  venerated  Judge 
Benjamin  R.  Curtis  remarked:  "I  desire,  on  this 
occasion,  and  in  this  presence,  and  in  behalf  of  my 
brethren  of  this  Bar,  to  declare  our  appreciation  of 
the  injustice  which  would  be  done  to  this  great  and 
eloquent  advocate  by  attributing  to  him  any  want 
of  loyalty  to  truth,  or  any  deference  to  wrong,  be 
cause  he  employed  all  his  great  powers  and  attain 
ments,  and  used  to  the  utmost  his  consummate  skill 
and  eloquence,  in  exhibiting  and  enforcing  the 
comparative  merits  of  one  side  of  the  cases  in  which 
he  acted.  In  doing  so  he  but  did  his  duty.  If  other 
people  did  theirs  the  administration  of  justice  was 
secured."  l 

It  has  been  said  that  Colonel  Baker's  defense  of 
Cora  resulted  in  social  ostracism  for  the  advocate, 
boycott  in  his  practice,  and  in  his  being  "  scared  "  or 
"banished"  or  "driven"  from  San  Francisco;  and 
such  statements  have  gone  so  long  without  author 
itative  contradiction  that  some  writers  of  honest 
purpose  have  accepted  them  as  true.  They  are 
untrue.  I  have,  I  believe,  read  everything,  or  nearly 
everything,  extant  on  this  matter  that  is  worth 
reading,  and,  unavoidably,  much  that  is  not.  And 
not  long  ago  I  talked  with  a  member  of  the  jury  in 
the  Cora  case.  I  have  conversed,  also,  with  men 
who  were  residing  in  San  Francisco  at  the  period 
when  the  events  mentioned  were  current.  I  am 
thoroughly  confirmed  in  the  conclusion  that  if,  in 
1  Life  and  Works  of  Rufus  Choate,  vol.  i,  p.  259. 


BAKER'S  SUCCESSES  123 

accordance  with  American  ideas  of  justice  and 
American  methods  of  dealing  with  all  persons  ac 
cused  of  crime,  Charles  Cora  had  a  right  to  a  trial, 
his  lawyers  cannot  be  blamed  for  faithfully  and 
zealously  representing  him  at  that  trial.  It  must, 
however,  be  admitted  that  Colonel  Baker,  who  had 
been  the  idol  of  San  Francisco,  admired  as  much 
by  political  opponents  as  by  political  supporters, 
suffered  a  severe  eclipse  of  popularity  owing  to 
his  participation  in  the  defense.  That  had  little 
or  nothing  to  do  with  his  leaving  San  Francisco. 
Shortly  after  the  Cora  trial  the  Great  Vigilance 
Committee  assumed  charge  of  the  city.  Most 
good  citizens  approved  of  its  work.  A  considerable 
number,  among  whom  were  many  lawyers,  con 
demned  it.  Baker  joined  these,  who  were  called 
the  "Law  and  Order  Party."  Instead  of  being 
"scared,"  he  made  a  speech  to  an  outdoor  meeting 
of  the  Law  and  Order  Party  so  near  to  a  meeting- 
place  of  Vigilantes  that  the  noise  of  the  latter  inter 
fered  with  the  hearing  of  his  remarks.  However,  as 
the  Committee  became  the  only  government,  and 
as  Colonel  Baker  refused  to  practice  law  before  the 
Committee,  he  went  into  other  parts  of  the  state 
where  his  services  were  in  demand.  When  the  com 
mittee  dissolved  and  the  regular  courts  resumed 
their  functions,  Colonel  Baker  returned  to  San 
Francisco.  At  first  there  was  considerable  feeling 
against  him,  but  his  popularity  quickly  returned 
and  was  soon  as  great  as  ever.  By  the  year  1858, 
when,  on  the  twenty-seventh  of  September,  the  city 


THE  CONTEST  FOR  CALIFORNIA 

was  aroused  to  great  enthusiasm  over  the  comple 
tion  of  the  first  Atlantic  cable,  Colonel  Baker  was 
with  one  accord  chosen  to  voice  the  general  jubila 
tion,  and  his  address  on  that  occasion  was  at  once 
adopted  by  the  people  of  San  Francisco  as  the  finest 
oratorical  treasure  of  the  Pacific  Coast. 

The  scope  of  this  book  precludes  the  incorpora 
tion  of  Colonel  Baker's  speeches,  but  some  excerpts 
must  be  made  from  this  address  to  illustrate  one 
phase  of  his  oratory.  The  symmetry  is  lost  in  con 
densing  and  much  of  the  impression  escapes,  but 
the  beauty  may  nevertheless  be  somewhat  dis 
closed:  — 

"Amid  the  general  joy  that  thrills  throughout 
the  civilized  world  we  are  here  to  bear  our  part. 
The  great  enterprise  of  the  age  has  been  accom 
plished.  Thought  has  bridged  the  Atlantic  and 
cleaves  its  unfettered  path  across  the  sea,  winged 
by  the  lightning  and  guarded  by  the  billow." 

It  was  in  the  course  of  this  speech  that  Colonel 
Baker  uttered  the  apostrophe  to  Science  that  won 
such  wide  renown:  — 

"O  Science!  Thou  thought -clad  leader  of  the 
company  of  pure  and  great  souls  that  toil  for  their 
race  and  love  their  kind !  Measurer  of  the  depths  of 
earth  and  the  recesses  of  heaven!  Apostle  of  civ 
ilization,  handmaid  of  religion,  teacher  of  human 
equality  and  human  right,  perpetual  witness  for  the 
Divine  Wisdom,  —  be  ever,  as  now,  the  great  minis 
ter  of  peace!  Let  thy  starry  brow  and  benign  front 
still  gleam  in  the  van  of  progress,  brighter  than  the 


BAKER'S  SUCCESSES 

sword  of  the  conqueror  and  welcome  as  the  light 
of  heaven!" 

The  following  description  is  very  fine:  — 
"The  spectacle  which  marked  the  moment  when 
the  cable  was  first  dropped  in  the  deep  sea  was  one 
of  absorbing  interest.  Two  stately  ships  of  different 
and  once  hostile  nations  bore  the  precious  freight. 
Meeting  in  mid-ocean,  they  exchanged  the  courte 
sies  of  their  gallant  profession.  Each  bore  the  flag 
of  St.  George;  each  carried  the  flowing  Stripes  and 
blazing  Stars.  On  each  deck  that  martial  band 
bowed  reverently  in  prayer  to  the  Great  Ruler  of  the 
tempest.  Exact  in  order,  perfect  in  discipline,  they 
waited  the  auspicious  moment  to  seek  the  distant 
shore.  Well  were  those  noble  vessels  named,  — 
the  one,  Niagara,  with  a  force  resistless  as  our 
own  cataract;  the  other,  Agamemnon,  'the  king  of 
men,'  as  constant  in  purpose,  as  resolute  in  trial,  as 
the  great  leader  of  the  Trojan  War.  Right  well,  O 
gallant  crews,  have  you  fulfilled  your  trust !  Favor 
ing  were  the  gales  and  smooth  the  seas  that  bore 
you  to  the  land.  And  oh!  if  the  wish  and  prayer  of 
the  good  and  wise  of  all  the  earth  may  avail,  your 
high  and  peaceful  mission  shall  remain  forever  per 
fect,  and  those  triumphant  standards,  so  long  shad 
owing  the  earth  with  their  glory,  shall  wave  in 
united  folds  as  long  as  the  Homeric  story  shall  be 
remembered  among  men  or  the  thunders  of  Niagara 
reverberate  above  its  arch  of  spray." 

One  of  the  most  splendid  passages  is  the  allusion 
to  the  marvelous  comet  visible  at  that  time:  — 


126      THE  CONTEST  FOR  CALIFORNIA 

"But,  even  while  we  assemble  to  mark  the  deed 
and  rejoice  at  its  completion,  the  Almighty,  as  if  to 
impress  us  with  a  becoming  sense  of  our  weakness  as 
compared  with  his  power,  has  set  a  new  signal  of  his 
reign  in  heaven.  If  to-night,  fellow  citizens,  you 
will  look  from  the  glare  of  your  illuminated  city 
into  the  northwestern  .heavens,  you  will  perceive, 
low  down  on  the  edge  of  the  horizon,  a  bright  stran 
ger  pursuing  its  path  across  the  sky.  Amid  the 
starry  hosts  that  keep  their  watch,  it  shines  at 
tended  by  a  brighter  pomp  and  followed  by  a 
broader  train.  No  living  man  has  gazed  upon  its 
splendors  before.  No  watchful  votary  of  science  has 
traced  its  course  for  nearly  ten  generations.  It  is 
more  than  three  hundred  years  since  its  approach 
was  visible  from  our  planet.  When  last  it  came  it 
startled  an  emperor  on  his  throne,  and  while  the 
superstition  of  his  age  taught  him  to  perceive  in  its 
presence  a  herald  and  a  doom,  his  pride  saw  in  its 
flaming  course  and  fiery  train  the  announcement 
that  his  own  light  was  about  to  be  extinguished.  In 
common  with  the  lowest  of  his  subjects,  he  read 
omens  of  destruction  in  the  baleful  heavens  and 
prepared  himself  for  a  fate  which  alike  awaits  the 
mightiest  and  the  meanest.  Thanks  to  the  present 
condition  of  scientific  knowledge,  we  read  the  hea 
vens  with  a  far  clearer  perception.  We  see  in  the 
predicted  return  of  the  rushing,  blazing  comet 
through  the  sky,  the  march  of  a  heavenly  messenger 
along  his  appointed  way  and  around  his  predestined 
orbit.  For  three  hundred  years  he  has  traveled 


BAKER'S  SUCCESSES  127 

amid  the  regions  of  infinite  space.  'Lone  wander 
ing,  but  not  lost,'  he  has  left  behind  him  shining 
suns,  blazing  stars,  and  gleaming  constellations  - 
now  nearer  to  the  eternal  throne  and  again  on  the 
confines  of  the  universe.  He  returns  with  visage 
radiant  and  benign.  He  returns  with  unimpeded 
march  and  unobstructed  way.  He  returns  the  ma 
jestic,  swift,  electric  telegraph  of  the  Almighty, 
bearing  upon  his  flaming  front  the  tidings  that 
throughout  the  universe  there  is  still  peace  and 
order;  that  amid  the  immeasurable  dominions  of 
the  Great  King  his  rule  is  still  perfect;  that  suns 
and  stars  and  systems  tread  their  endless  circle 
and  obey  the  eternal  law." 

Colonel  Baker  naturally  took  part  in  politics 
directly  he  had  settled  in  California.  If  he  had 
been  controlled  by  selfish  considerations  he  would 
have  joined  the  Democrats;  the  Democratic  Party 
was  in  undisputed  control.  Baker's  lifetime  ambi 
tion  was  to  be  a  senator.  He  was  making  a  new 
start.  But,  no;  he  had  been  a  Free-Soil  Whig,  and  as 
a  Free-Soiler  he  came  out  in  San  Francisco.  In 
1855  he  was  an  unsuccessful  candidate  for  election 
to  the  State  Senate.  With  the  dissolution  of  the 
Whig  Party  he  appeared  among  the  earliest  advo 
cates  of  the  principles  and  candidates  of  the  Repub 
lican  Party,  and  in  1856  stumped  the  state  for 
Fremont  and  Dayton,  from  San  Diego  to  Yreka, 
cheerfully  enduring  the  hardships  of  travel  previ 
ous  to  the  introduction  of  railroads.  Several  of 
his  speeches  were  reported  for  the  "Sacramento 


128      THE  CONTEST  FOR  CALIFORNIA 

Union,"  the  leading  news  journal  of  the  coast  at  that 
time,  and  some  of  them  were  adopted  by  the  Repub 
lican  State  Committee  and  printed  and  distributed 
in  large  numbers.  Of  Baker's  address  at  Forest  Hill, 
Placer  County,  Henry  Edgerton,  himself  one  of  the 
noblest  orators  of  that  epoch  of  oratory,  declared 
that  he  never  heard  so  grand  a  speech.  Colonel 
Baker's  address  at  Goodyear's  Bar,  three  years 
before,  was  perhaps  more  dramatic.  Goodyear's 
was  a  mining-camp,  near  Downieville,  where  there 
was  a  population  of  five  hundred,  all  adults,  nearly 
all  men,  and  yet  in  the  election  of  the  previous  year 
there  was  only  one  Republican  vote.  Colonel 
Baker  declared  that  he  would  reenforce  that  one 
Republican.  He  arrived  at  Goodyear's  toward  the 
close  of  the  day,  found  a  carpenter's  bench,  engaged 
a  man  to  help  him  drag  it  out  in  front  of  the  chief 
saloon,  mounted  it,  and  began  to  speak.  That  one 
Republican  came  early  and  stood  up  beside  Colonel 
Baker.  At  the  start  there  were  just  twenty-one  in 
the  audience,  but  the  Colonel  took  as  much  pains 
with  his  speech  as  if  he  had  been  addressing  a  thou 
sand.  Gradually  the  men  came  up,  until  nearly  the 
entire  population  had  collected.  It  was  a  tough- 
looking  crowd,  mostly  Irish  miners,  but  toned  up  by 
several  saloon  keepers  and  a  number  of  gamblers 
and  diversified  by  nearly  a  dozen  Chinamen.  For 
half  an  hour  there  was  not  a  laugh,  not  a  sign  of  ap 
plause,  not  even  a  look  of  interest,  although  Colonel 
Baker  was  doing  his  best,  flashing  his  wit  and  pour 
ing  forth  wave  upon  wave  of  eloquence.  At  times 


BAKER'S  SUCCESSES  129 

a  sort  of  tremor  ran  through  the  obstinate  throng. 
They  squirmed,  but  they  managed  to  repress  any 
open  display  of  feeling.  At  supper  Colonel  Baker 
had  learned  that  several  of  the  men  had  been  in 
Riley's  regiment  in  the  Mexican  War.  He  referred 
to  his  being  with  them  in  some  of  the  battles. 
Pointing  to  a  staff  from  which  the  Stars  and  Stripes 
had  been  lowered,  he  pronounced  a  glowing  pane 
gyric  on  the  flag  of  our  Union  and  the  soldiers  who 
had  carried  it  to  victory.  They  could  not  with 
stand  that.  First  there  came  from  one  of  the  veter 
ans  a  yell  that  was  actually  agonizing.  That  set  off 
the  rest  and  there  arose  a  wild  Irish  howl.  Every 
body  suddenly  wanted  to  grasp  the  speaker's  hand. 
Several  leaped  up  on  the  bench  and  tried  to  em 
brace  him.  In  the  tumult  the  improvised  platform 
was  upset.  But  the  crowd  had  packed  together  so 
close  that  none  of  those  on  the  platform  fell  to  the 
ground;  they  landed  on  the  heads  and  shoulders 
of  those  nearest  in  the  throng.  It  was,  declares 
Calvin  B.  McDonald  (from  whose  reminiscent  let 
ter  in  the  Sacramento  "Daily  Bee"  I  have  quoted), 
like  the  scene,  described  by  D'Arcy  Magee,  of  St. 
Patrick's  conquest  of  the  Irish  on  the  Hill  of  Tara. 
Those  days  were  full  of  adventure.  Colonel 
Baker  was  announced  to  speak  in  Marysville,  in  the 
Fremont  campaign.  As  there  were  not  yet  enough 
Republicans  to  fill  a  hall,  the  advertisement  an 
nounced  that  after  Colonel  Baker  had  concluded 
" any  gentleman  selected  by  the  meeting"  would  be 
given  the  opportunity  to  reply.  Although  most  of 


130      THE  CONTEST  FOR  CALIFORNIA 

Baker's  listeners  were  Democrats,  his  lucid  argu 
ment,  his  brilliant  wit,  his  superb  eloquence,  and 
his  abstention  from  abuse  of  adversaries  had  for  the 
moment  won  the  admiration  and  plaudits  of  his 
hearers.  As  soon  as  the  applause  ceased  there  were 
many  demands  for  Montgomery  — "Old  Zach"  he 
was  familiarly  called.  Mr.  Montgomery  was  a  law 
yer,  an  able  man,  a  fluent  speaker,  but  to  an  extreme 
degree  the  reverse  of  handsome  or  graceful,  and 
was  noted  for  bodily  movements  quite  phenomenal. 
He  had  apparently  expected  the  call,  and  he  re 
sponded  in  a  speech  which  lasted  an  hour,  indulging 
his  habit  of  denunciation  (a habit  of  the  period),  and 
arousing  most  of  those  present  to  a  high  pitch  of 
enthusiasm.  When  he  sat  down  he  was  rewarded 
with  vociferous  cheers.  Then  Colonel  Baker  rose 
and  advanced  to  the  front  of  the  platform.  His 
face  was  serene.  The  hint  of  a  humorous  smile  was 
lurking  there.  In  a  gentlemanly,  winning  tone  — 
ah,  what  a  voice  was  Baker's !  There  is  none  like 
it  now  on  rostrum  or  in  pulpit  —  with  exquisite 
enunciation,  he  said,  "In  the  advertisement  of  this 
meeting  it  was  stated  that  after  I  was  through 
speaking  the  audience  would  be  asked  to  select 
some  gentleman  to  reply.  Will  you  take  advantage 
of  the  offer?"  This  was  so  unlike  the  response  Mr. 
Montgomery's  speech  might  have  provoked  that 
the  crowd  was,  for  a  moment,  puzzled;  but  almost 
instantly  came  the  consciousness  that  there  had 
been  a  slight  but  peculiar  emphasis  on  the  word 
"gentleman,"  and  a  laugh  began  with  those  most 


BAKER'S  SUCCESSES  131 

alert  to  subtle  impressions,  which  spread  through 
the  entire  assemblage.1  Much  of  Baker's  success  in 
speaking  must  be  credited  to  the  charm  and  fasci 
nation  of  his  voice.  Senator  Sumner  referred  to  it  in 
his  address  in  the  memorial  exercises  of  the  Senate. 
Every  one  who  has  described  Baker  has  mentioned 
it  in  glowing  terms.  It  was  a  tenor.  Without  great 
effort  Baker  was  able  to  make  it  carry  to  the  limits 
of  the  largest  assemblages.  Before  a  jury  its  modu 
lations  worked  a  spell  that  bound  his  listeners  to 
him.  Once  in  a  generation  such  a  tenor  voice  is 
brought  forward  in  Italian  opera.  Sometimes  its 
possessor  has  no  physical  beauty,  grace,  or  intel 
lectual  inspiration.  Baker  had  all. 

The  quality  and  splendor  of  Baker's  eloquence 
are  not  being  exaggerated  in  this  book,  but,  as 
Senator  Latham  said,  after  Baker's  death,  "The 
most  brilliant  mental  efforts  of  his  life  are  not  upon 
record.  The  sudden  bursts  of  his  often  matchless 
eloquence  have  passed  away  with  the  time  and 
occasion  of  their  utterance.  Those  preserved  of  his 
addresses  on  different  occasions  are  cold  and  formal 
compared  with  others  uttered  without  premedita 
tion,  when  under  the  inspiration  of  the  moment  his 
mind  glowed  with  the  fire  of  genius  and  strength. 
His  ease  and  grace  of  delivery,  his  felicity  of  expres- 

1  At  the  time  of  the  outburst  of  loyalty  evoked  by  the  attack  on 
Fort  Sumter  a  newspaper  office  in  San  Francisco  owned  by  Mr. 
Montgomery  was  destroyed  by  a  loyal  mob.  During  the  first  ad 
ministration  of  President  Cleveland  Mr.  Montgomery  was  honored 
with  a  high  professional  appointment  —  Solicitor  of  the  Treasury, 
I  think.  —  E.  R.  K. 


132      THE  CONTEST  FOR  CALIFORNIA 

sion,  his  wonderful  flow  of  harmonious  language, 
the  musical  intonations  of  his  voice,  can  never  be 
forgotten  by  those  who  have  heard  him  in  many 
of  his  happy  efforts."  1  The  Honorable  George  H. 
Williams,  who  was  Attorney-General  of  the  United 
States  in  the  Cabinet  of  President  Grant,  was  a  few 
years  ago  giving  his  recollections  of  Colonel  Baker: 
"I  have  heard  many  of  the  so-called  greatest  ora 
tors  of  the  country,  at  the  Bar,  on  the  stump,  and  in 
the  halls  of  legislation,  but  Edward  D.  Baker  was 
the  most  eloquent  man  I  ever  heard  speak.  He  had 
a  rich,  ringing,  silvery  voice,  with  an  easy  flow  of 
beautiful  language,  and  withal  was  an  exceedingly 
handsome  man.  He  had  all  that  a  man  ought  to 
have  to  be  an  ideal  orator."  2 

After  Colonel  Baker's  stumping  tour  in  1856  he 
was  called  the  "Gray  Eagle"  or  the  "Gray  Eagle 
of  Republicanism,"  —  his  exquisitely  fine  hair, 
almost  white,  his  lofty  brow,  his  splendid,  warm 
gray  eye,  his  ample  and  perfectly  proportioned 
nose,  and  the  lofty  flights  of  his  eloquence,  won  him 
this  distinguished  and  affectionate  appellation,  by 
which  he  was  afterwards  commonly  known. 

In  1859  he  was  a  candidate  for  Congress,  receiv 
ing  the  support  of  the  Republicans  and,  as  far  as 
Broderick  could  control,  of  the  Douglas  Democrats; 
but  the  ticket  of  the  Lecompton  Democrats  was 
successful.  During  this  campaign  he  again  spoke 
throughout  the  state  and  stood  boldly  for  the  anti- 

1  Cong.  Globe,  37th  Congress,  part  I,  p.  55. 

2  Oregon  newspaper. 


BAKER'S  SUCCESSES  133 

slavery  policy  of  the  Republican  Party.  While  the 
secession  propaganda  had  not  taken  definite  form 
enough  to  evoke  public  condemnation,  Colonel 
Baker's  speeches  had  much  to  do  with  inspiring 
and  leading  the  minds  of  well-disposed  men,  for  on 
all  occasions  he  exalted  the  Union  and  inculcated 
the  duty  of  loyalty. 

Shortly  after  the  election,  which  occurred  in 
September,  a  delegation  came  down  to  San  Fran 
cisco  to  invite  Colonel  Baker  to  migrate  to  Oregon. 
There  were  a  number  of  citizens,  and  to  give  the 
movement  a  semi-official  character  there  was  a  sub 
committee  of  three  of  the  Republican  State  Com 
mittee.  Once  before  the  Colonel  had  been  urged  to 
come  to  Oregon  and  take  the  lead  in  building  up  the 
Republican  Party.  There  were  a  number  of  Illi- 
noisians  in  this  delegation,  who  now  repeated  and 
urged  the  invitation.  They  said  to  him,  in  sub 
stance:  "We  know  what  you  used  to  do  in  Illinois. 
We  know  how  you  moved  from  one  district  that 
you  had  made  Whig  into  another,  always  Demo 
cratic,  until  you  turned  it  over  to  the  Whigs,  and 
we  believe  you  can  repeat  such  triumphs  in  Oregon. 
Our  election  comes  next  spring.  Come  to  us.  Take 
the  lead.  Speak  in  every  legislative  district.  The 
state  is  now  Democratic.  You  can  make  it  Repub 
lican,  and  we  will  make  you  United  States  Senator." 
The  sub-committee  told  him  that  they  had  not  de 
veloped  a  popular  and  capable  state  leader.  "  There 
are  many,"  they  said,  "in  California  capable  of  car 
rying  forward  the  organization  and  the  cause. 


134      THE  CONTEST  FOR  CALIFORNIA 

There  are  none  in  Oregon.  We  offer  you  the  leader 
ship.  There  will  be  no  rival,  no  disappointment  and 
envy.  We  will  all  follow  and  support  you.' 

It  appealed  to  his  chivalry,  to  his  temperament 
for  doing  things  impossible  for  others.  Difficulties 
did  not  dismay  him;  they  roused  him  to  his  best 
efforts.  He  believed  in  the  principles  of  the  Repub 
lican  Party,  and  he  believed  in  himself.  In  Decem 
ber  he  visited  the  state  and  looked  the  situation 
over.  He  was  convinced  that  he  was  not  only 
needed,  but  that  he  was  wanted,  and  he  determined 
to  make  the  venture.  He  returned  to  San  Francisco 
and  closed  up  his  affairs  as  expeditiously  as  possible. 
At  that  time  the  offices  of  Baker  &  Dwinelle  were  at 
148  Clay  Street,  and  the  Colonel's  home  was  far  out 
in  Pacific  Street,  near  Larkin.  At  his  home  he  was 
a  bounteous  provider  and  a  hospitable  entertainer. 
In  his  profession  he  was  extremely  prosperous. 
Others,  therefore,  looked  on  the  Oregon  project 
as  wild  and  hopeless.  Fred  Low,  afterwards  Gov 
ernor  of  California,  bet  Colonel  Baker  a  suit  of 
clothes  that  he  would  fail.1  The  Colonel  laughingly 
accepted  the  hazard.  On  the  17th  day  of  February, 
1860,  he  sailed  for  Portland  in  the  steamer  Panama. 
Just  before  the  steamer  left  her  wharf  at  Folsom 
Street  the  Colonel  was  presented  with  a  magnifi 
cent  gold  watch  "from  his  friends."  Merchants, 
bankers,  artisans,  judges,  professional  men,  mem 
bers  of  fraternal  orders,  clients,  adversaries  —  the 
entire  community  —  gave  demonstrations  of  affec- 

1  Bench  and  Bar,  p.  16. 


BAKER'S  SUCCESSES  135 

tion  and  regard.  The  "Alta  California,"  a  journal 
which  ranked  very  high,  said:1  "Colonel  E.  D. 
Baker  takes  his  departure  from  California  to-day 
for  Oregon,  to  become  a  citizen  of  Salem  in  that 
state.  He  leaves  behind  him  as  large  a  circle  of 
admiring  friends  as  any  man  in  California  can 
boast,  and  the  loss  of  his  presence  among  us  will  be 
regarded  with  general  regret." 

1  February  17,  1860. 


CHAPTER  IX 

VENI,  VIDI,  VICI  —  BAKER  RETURNS  A  SENATOR  — 
SECESSION  PROPAGANDA  DEFEATED  —  EXTRAOR 
DINARY  MEETING  IN  SAN  FRANCISCO  —  OREGON 
AND  CALIFORNIA  WON  FOR  LINCOLN 

OREGON,  which  was  admitted  to  the  Union  as  a 
state  on  the  fourteenth  of  February,  1859,  was  a 
"Democratic  stronghold."  Earlier  it  had  been  for 
a  short  time  a  pasture  for  Whigs.  When  General 
Taylor  was  President  he  tendered  the  appointment 
of  governor  of  the  territory  to  Abraham  Lincoln ; 
but  during  the  administrations  of  Presidents  Pierce 
and  Buchanan,  beginning  in  1853,  every  Federal  ap 
pointee  had  been  a  "reliable"  Democrat.  Under 
this  influence  the  elective  officials  of  the  territory 
were  equally  "reliable."  The  first  state  legislature, 
which  was  almost  entirely  Democratic,  elected  Gen 
eral  Joseph  E.  Lane  and  Delazon  Smith  United 
States  Senators.  There  had  never  been  a  strenuous 
political  campaign;  matters  were  too  much  one 
way.  One  side  felt  that  there  was  no  use  of  their 
working  hard  and  the  other  that  there  was  no 
need. 

It  may  almost  be  said  that  Oregon  was  a  slave 
territory.  Several  families  from  the  South  brought 
slaves  with  them,  not  as  freed  servants  but  as  pro- 


PACIFIC  COAST  WON  FOR  LINCOLN      137 

perty.1  The  gathering  contest  in  the  states  ap 
peared  to  most  Oregonians  as  an  array  of  the  South 
against  the  North,  and  most  of  them  sympathized 
with  the  South.  At  a  Jackson  Day  banquet  at  the 
capital  in  January,  1857,  one  of  the  speakers,  sub 
sequently  prominent  in  national  affairs,  —  with 
amusing  incongruity  on  the  birthday  of  the  man 
who  stamped  out  nullification,  —  unreservedly  in 
dorsed  the  extreme  Southern  view  of  "state  sov 
ereignty,"  and  all  present  supported  him  in  that 
position.  They  were  getting  ready,  poisoning 
minds. 

In  all  the  history  of  fallacies  —  divine  right  of 
rascally  kings,  supreme  right  of  majorities  to  op 
press  minorities,  right  of  factions  to  murder,  as  in 
the  French  Revolution  —  there  has  never  one  ap 
peared  more  pestiferous  and  fatal  to  its  dupes  than 
the  centrifugal  doctrine  of  "state  sovereignty." 
The  world  regards  Robert  E.  Lee  as  an  extraordi 
narily  pure  and  lofty  character.  From  his  youth 
a  ward,  a  pupil,  a  scholar  of  the  National  Govern 
ment.  By  his  own  wish,  his  own  choice,  that  Gov 
ernment,  at  the  cost  of  citizens  of  Connecticut  and 
Wisconsin  as  well  as  of  citizens  of  Virginia,  relieved 
his  family  of  responsibility  for  his  education,  upon 
the  explicit  understanding  that  the  Government, 
having  trained  him  and  made  him  an  accom 
plished  soldier,  should  be  entitled  to  his  services  in 
its  army.  That  was  the  contract.  There  were  other 
Virginian  youth  who  accepted  the  same  benefits,  - 

1  San  Francisco  Chronicle,  July  24,  1881. 


138      THE  CONTEST  FOR  CALIFORNIA 

a  technical  education  and  rank  in  a  noble  profes 
sion;  for  instance,  General  George  H.  Thomas, 
commonly  referred  to  as  "the  noblest  Roman  of 
them  all,"  and  General  Winfield  Scott.  They  kept 
the  faith.  "They  rest  from  their  labors,  and  their 
works  do  follow  them."  But  Robert  E.  Lee,  a  pure 
and  lofty  character,  poisoned  by  the  virus  of  "state 
sovereignty,"  could  find  no  obstacle  to  withdraw 
ing  from  the  national  army  and  leading  a  hostile 
force  in  a  desperate  effort  to  destroy  the  Govern 
ment.  What  a  doctrine,  that  could  work  such  ruin 
upon  so  noble  a  nature!  This  virus,  this  politi 
cal  bubonic  plague,  was  being  assiduously  spread 
abroad  in  Oregon,  as  well  as  in  California.  The  doc 
trine  was  inculcated  with  the  purpose  of  weakening 
and  loosening  the  ties  that  bound  the  people  to  the 
National  Government. 

The  disloyal  leaders  did  not  stop  there;  they 
went  the  whole  length  of  applying  their  doctrine. 
General  Lane  —  "Joe"  Lane  —  territorial  gov 
ernor,  delegate  to  Congress,  United  States  Senator, 
the  most  popular  and  influential  man  in  the  state  — 
said  in  a  public  address,  "Fellow  citizens,  I  warn 
you  that  if  you  elect  a  Northern  President  that 
moment  will  see  this  Union  dissolved."  l 

Lane  was  so  satisfactory  to  the  Southern  leaders 
and  so  thoroughly  trusted  by  them,  and  his  influ 
ence  in  Oregon  and  on  the  Pacific  Coast  was  esti 
mated  so  highly,  that  they  made  him  their  candi- 

1  Martin  Monahan's  Recollections)  Seattle  newspaper,  January  28, 
1906. 


PACIFIC  COAST  WON  FOR  LINCOLN      139 

date  for  Vice-President  in  1860.  Secretary  Floyd 
wrote  in  his  diary,  under  date  November  8,  1860: 
"I  had  a  long  conversation  to-day  with  General 
Lane,  the  candidate  for  Vice-President  on  the 
ticket  with  Mr.  Breckinridge.  He  was  grave  and 
extremely  earnest;  said  that  resistance  to  the  anti- 
slavery  feeling  of  the  North  was  hopeless,  and  that 
nothing  was  left  to  the  South  but  'resistance  or  dis 
union.'  .  .  .  He  thought  disunion  inevitable,  and 
said  when  the  hour  came  if  his  services  could  be 
useful  he  would  offer  them  unhesitatingly  to  the 
South."  1 

Though  defeated  in  the  national  election,  Lane 
adhered  to  the  Southern  cause  and  fully  trusted 
that  Oregon  would  follow  him.  Speaking  in  the 
Senate,  on  the  19th  day  of  December,  1860,  he  said, 
in  reply  to  a  speech  by  Andrew  Johnson:  "I  serve 
notice  that  when  war  is  made  upon  that  gallant 
South  for  withdrawing  from  a  Union  which  refused 
them  their  rights,  the  Northern  Democracy  will  not 
join  in  the  crusade.  The  Republican  Party  will 
have  war  enough  at  home."  2 

And  again:  "When  he  [Andrew  Johnson]  or  any 
other  gentleman  raises  that  banner  [the  flag  of  our 
Union]  and  attempts  to  subjugate  that  gallant 
people  [South  Carolina],  instead  of  marching  with 
him,  we  will  meet  him  there,  ready  to  repel  him 
and  his  forces."  3 

1  Quoted  by  Nicolay  and  Hay,  vol.  n,  p.  316. 

2  Cong.  Globe,  2d  Session,  36th  Congress,  part  i,  p.  143. 

3  Ibid. 


140      THE  CONTEST  FOR  CALIFORNIA 

Two  days  before  the  expiration  of  his  term  as 
Senator,  replying  to  Senator  Baker,  who  had  be 
come  his  colleague,  he  said:  "This  I  am  warranted 
in  asserting,  —  for  I  know  long  and  well  and  inti 
mately  the  gallant  men  of  Oregon,  —  that  they  will 
not  be  found  ready  or  inclined,  at  the  Senator's  or 
his  master's  beck,  for  a  godless  cause  in  fraternal 
gore."1 

It  was  to  this  state,  —  Joe  Lane's  Oregon,  — 
that  vast  expanse,  where  the  silence  of  ages  had  not 
yet  been  broken  by  the  sound  of  a  locomotive 
whistle;  to  the  Oregon  of  dark,  deep  forests,  and 
rough  roads,  that  Colonel  Baker  had  come.  He 
opened  his  law  office  in  Salem  and  at  the  same  time 
entered  upon  his  especial  task.  On  stage-coaches 
and  on  horseback  he  went  everywhere,  pouring  out 
the  floods  of  his  inspiring  oratory.  The  journals  of 
that  primitive  period  are  marked  with  the  traces 
of  his  travels  and  the  evidences  of  his  tremendous 
ardor.  "Colonel  Baker  will  address  the  citizens  of 
Yamhill  County  Wednesday  evening."  "Colonel 
Baker  made  a  lengthy,  eloquent,  argumentative 
speech."  "In  Colonel  Baker's  happiest  vein,  thrill- 
ingly  eloquent;  held  his  audience  enchanted  ";- 
these  are  expressions  by  which  he  may  be  tracked 
from  place  to  place.  It  may  be  safely  asserted  of 
this  serious,  exhaustive  campaign  of  speeches  that 
for  wit  and  eloquence,  for  convincing  popular  argu 
ment,  inspiring  passion,  and  captivating  charm, 
they  were  never  exceeded.  They  were  not  written, 

1  Cong.  Globe,  2d  Session,  36th  Congress,  part  2,  p.  1344. 


PACIFIC  COAST  WON  FOR  LINCOLN      141 

and  alas !  they  were  not  reported.  In  one  sense  they 
are  lost,  —  they  are  not  available  for  present  read 
ing.  But  they  accomplished  their  high  and  patri 
otic  end.  Even  now  there  are  some  who  heard  the 
"Gray  Eagle"  in  that  adventurous  contest.  Occa 
sionally  one  of  the  old  men  repeats  the  tale  to  some 
listening  reporter;  and  it  is  plain  that  the  memory 
of  that  early,  that  Homeric  age,  is  cherished  as  a 
precious  possession. 

On  the  Fourth  of  July,  1860,  Colonel  Baker  de 
livered  an  oration  at  Salem.  One  declaration 
shows  how  the  dark  cloud  of  disunion  hung  upon 
the  horizon  of  that  period,  and  discloses  a  sad  pre 
science  that  would,  in  earlier  days,  have  been  re 
garded  as  prophetic.  Referring  to  the  threats  of 
secession  and  civil  war,  the  speaker  said:  "What 
ever  services  I  have  rendered  on  the  field  of  battle 
in  other  lands,  in  other  days,  I  leave  impartial  his 
tory  to  record.  But  if  it  be  reserved  for  me  to  lay 
my  unworthy  life  upon  the  altar  of  my  country 
in  defending  it  from  internal  assailants,  I  declare 
here  to-day  that  I  aspire  to  no  higher  glory  than 
that  the  sun  of  my  life  may  go  down  beneath  the 
shadow  of  freedom's  temple  and  baptize  the  em 
blem  of  the  nation's  greatness,  the  Stars  and 
Stripes,  that  float  so  proudly  before  us  to-day,  in 
my  heart's  warmest  blood." 

The  voters  of  the  state,  like  the  voters  of  Cali 
fornia  in  the  election  of  the  previous  autumn, 
divided  into  three  parties,  —  Republicans,  Le- 
compton  Democrats,  who  supported  the  Admin- 


142      THE  CONTEST  FOR  CALIFORNIA 

istration  of  President  Buchanan,  and  Democrats 
opposed  to  the  Administration,  who,  like  Broder- 
ick's  followers  in  California,  were  against  secession, 
but  were  as  yet  unready  to  go  over  to  the  Repub 
licans,  and  so  accepted  the  title  of  Douglas  Demo 
crats.  The  election  being  over,  when  the  legislature 
met  these  three  parties  were  all  represented.  The 
Republicans,  hitherto  an  insignificant  group,  now 
appeared  strong  and  belligerent.  Still,  they  had 
not  a  majority.  There  were  two  United  States 
Senators  to  elect,  but  no  party  had  votes  enough  for 
the  purpose.  The  matter  attracted  wide  attention. 
From  Illinois  came  a  letter  from  which  the  follow 
ing  is  an  excerpt:  — 

SPRINGFIELD,  ILL.,  August,  1860. 

FRIEND  FRANCIS,  —  If  you  see  Colonel  Baker  give 
him  my  respects.  I  do  hope  he  may  not  be  tricked  out 
of  what  he  has  fairly  earned.  Yours  forever, 

As  ever, 

A.  LINCOLN. 

The  Lecomptonites  in  the  legislature  desired  to 
trade  with  the  Douglas  Democrats,  but  the  latter, 
who  were  opposed  to  secession,  and  who  had  been 
deeply  stirred  by  Colonel  Baker's  eloquence,  chose 
to  come  to  an  arrangement  with  the  Republicans. 
Then  for  the  first  time  in  Oregon  the  Republicans 
and  loyal  Democrats  were  called  "Union  men," 
a  designation  under  which  they  cooperated  for 
several  years.  When  the  Lecomptonites  learned 
that  they  were  to  have  no  voice  in  the  election  of 
Senators  they  determined  to  prevent,  if  possible, 


PACIFIC  COAST  WON  FOR  LINCOLN      143 

any  election  whatever  by  depriving  one  branch  of 
the  legislature  of  a  quorum;  so  many  assemblymen 
withdrew.  They  went  five  miles  outside  the  town 
and  were  hidden  in  a  capacious  barn,  where,  it  was 
promised,  they  should  be  secreted  and  fed  "until 
the  Baker  danger  should  be  passed."  But  the 
sergeant-at-arms  discovered  their  hiding-place  and 
took  in  enough  of  them  to  make  a  quorum.  Thus, 
while  a  number  of  seceders  remained  in  the  hos 
pitable  seclusion  of  "Uncle  Nick"  Schram's  barn, 
still  hoping  they  might  thwart  the  purpose  of  the 
majority,  their  unwilling  comrades  were  locked  in 
their  legislative  chamber  and  the  Republicans  and 
Douglas  Democrats  elected  Colonel  Baker  and 
James  W.  Nesmith  to  the  Senate.1 

Colonel  Baker's  first  act  was  to  pen  a  letter  to 
his  mother,  who  was  in  Illinois  —  a  widow.  At 
Salem,  on  the  second  of  October,  he  wrote  to  his 
friend  Colonel  R.  F.  Maury:  — 

MY  DEAR  SIR,  —  I  am  just  elected  Senator.  Mr. 
Nesmith  is  my  colleague.  Will  you  please  forward  the 
inclosed  [the  letter  to  his  mother]  by  special  messenger 
to  Yreka  with  instructions  to  be  secret  and  tell  nobody, 
and  I  will  pay  the  expense  when  I  see  you,  which  will  be 
soon,  on  my  way  down.  Let  the  messenger  start  as  soon 
as  you  get  this. 

Very  truly  yours, 

E.  D.  BAKER. 

In  those  days,  as  has  been  said,  many  letters 
were  carried  by  Wells,  Fargo  &  Company's  Ex- 

1  Martin  Monahan's  Recollections,  narrated  by  Edmond  S.  Meany 
in  Seattle  newspaper,  January  28,  1906. 


144      THE  CONTEST  FOR  CALIFORNIA 

press,  thus  securing  greater  expedition  than  was 
practicable  through  the  United  States  mails;  but 
Colonel  Baker  was  determined  to  beat  both  those 
instrumentalities  by  sending  a  special  messenger 
to  a  point  where  his  letter  could  be  delivered  to  the 
pony  express.  In  a  few  days  he  himself  was  on  his 
way  to  San  Francisco  to  take  the  steamer  for 
Panama  and  the  States.  Among  loyal  men  every 
where  on  the  coast  there  was  exultation  over  his 
election.  When  the  news  was  received  in  San  Fran 
cisco  there  was  greater  enthusiasm  among  the 
Republicans  than  they  had  ever  had  occasion  to 
display.  A  salute  of  one  hundred  guns  was  fired 
from  Stuart  Street  and  another  of  two  hundred 
guns  from  Telegraph  Hill.  Buildings  were  illu 
minated,  fireworks  set  off,  and  the  streets  were 
thronged  with  cheering  citizens.  An  impromptu 
procession  was  led  by  the  "Wide- A  wakes"  and 
a  meeting  was  held  where  speeches  were  made 
expressive  of  the  greatest  jubilation.  The  new 
Senator  arrived  in  San  Francisco  on  the  morning 
of  the  nineteenth  of  October.  As  the  steamer 
Brother  Jonathan  passed  Fort  Point  a  salute  of 
one  hundred  guns  was  fired.  The  steamer  reached 
her  wharf  at  ten  o'clock,  where  an  immense  throng 
awaited  the  victor. 

It  was  a  critical  period  in  the  presidential  cam 
paign  of  1860.  The  regular  Democrats,  —  the 
organization  around  the  federal  and  state  office 
holders,  —  with  abundant  funds,  great  confidence, 
even  arrogance,  supported  Breckinridge  and  Lane. 


PACIFIC  COAST  WON  FOR  LINCOLN      145 

Their  national  leaders  had  not  the  slightest  expec 
tation  or  desire  of  electing  Breckinridge.  The  time 
had  come  to  secede;  conditions  favored;  but  they 
did  hope  to  have  California  and  Oregon  vote  for 
Breckinridge  and  Lane  and  thus  identify  them 
selves  with  the  Southern  cause.  Broderick's  party, 
without  his  leadership,  was  animated  by  revenge 
for  his  death,  imbued  by  devotion  to  the  principle 
of  allowing  each  state,  when  admitted  to  the  Union, 
to  decide  whether  it  would  have  slavery  or  not,  and 
ardent  for  Douglas. 

The  Republicans  had  expected  and  desired  the 
nomination  of  William  H.  Seward.  His  preemi 
nence  in  the  party  was  conceded.  The  Calif ornians 
wanted  no  "dark  horse"  or  inferior  as  a  candidate. 
They  were  disappointed  at  the  nomination  of  Abra 
ham  Lincoln.  It  was  not  long,  however,  before 
they  were  actively  enlisted  in  the  campaign,  but 
not  with  the  enthusiasm  they  would  have  dis 
played  in  support  of  Seward.  Little  was  said  of 
Lincoln;  little  was  known.  Some  documents  were, 
I  believe,  sent  from  New  York,  and  a  brilliant 
stump  speaker  known  as  "Tom"  Fitch  came  from 
the  East,  dashed  into  the  arena,  and  adorned  the 
sober  arguments  of  the  campaign  books  with  flow 
ers  from  the  opulent  garden  of  his  brain.  I  remem 
ber  hearing  him  at  an  outdoor  meeting  in  Marys- 
ville,  when,  pointing  to  the  sublime  spectacle  of 
the  California  sky,  he  pronounced  the  stars  "the 
auger-holes  of  Heaven. "  —  which  figure,  I  suppose, 
he  may  have  brought  from  Milwaukee,  where  he 


146      THE  CONTEST  FOR  CALIFORNIA 

had  married  the  daughter  of  a  well-to-do  carpenter. 
But  I  do  not  mean  to  disparage  Mr.  Fitch  or  depre 
ciate  his  work  for  Lincoln,  which  was  indeed  earnest 
and  effective.1  The  regular  speakers,  too,  came 
around,  —  some  of  them  deeply  impressed  with 
the  unusual  momentousness  of  the  campaign;  but 
there  was  no  inspiring  leader,  unless  it  was  Mr. 
Fitch.  Where  they  got  the  money  for  the  expenses 
I  never  knew.  They  had  no  office-holders  to  assess; 
and  the  prospects  of  victory  were  at  first  not  suffi 
cient  to  justify  those  expectant  of  office jn  contrib 
uting  very  liberally. 

In  long  campaigns  there  come  stages  of  discour 
agement;  perhaps  they  are  due  to  fatigue,  exhaus 
tion.  There  was  such  a  stage  in  the  first  McKin- 
ley  campaign,  about  three  weeks  preceding  the  day 
of  election.  Everybody  was  tired,  everybody  was 
scared,  everybody  had  to  subscribe  over  again. 
Such  a  stage  was  reached  in  California  at  one  time 
in  the  campaign  of  1860.  There  had  been  hard, 
uphill  work.  There  were  twenty-two  newspapers 
pouring  forth  or  repeating  the  arguments  and 
the^  confident  boasts  of  the  Breckinridge  Party; 
twenty -four  supporting  Douglas;  and  only  seven 
for  Lincoln.  In  the  East  the  Republicans  were 
cheered  and  encouraged  by  the  result  of  the 
October  elections  in  Pennsylvania,  Ohio,  and 
Indiana. 

For  weeks  after  these  encouragements  the  Re 
publicans  of  California  were  still  ignorant  of 

1  Since  then  Mr.  Fitch  has  held  high  rank  as  an  orator. 


PACIFIC  COAST  WON  FOR  LINCOLN      147 

them.1   There  were  no  reserves,  no  resources.  The 
Republicans  never  had  won  anything  in  the  state, 

-  save  a  few  local  officers  and  some  members  of  the 
legislature,  —  and  it  looked  as  though  their  record 
of  adversity  was  to  continue.  They  were  accus 
tomed  to  disappointment.    They  had  small  hope 
of  the  sweet  rewards  of  victory  to  encourage  them 

-  none  of  the  coherences  of  public  plunder. 

At  such  a  moment  Colonel  Baker  arrived  from 
Oregon.  He  had  been  gone  so  short  a  time  —  not 
much  longer  than  many  took  for  a  visit  to  the  States 

-  that  the  general  public  scarcely  realized  he  had 
been  gone  at  all.   Here  was  an  oratorical  Caesar  who 
might,  as  truly  as  the  great  Julius,  declare,  "  Veni, 
vidi,  vici,"    -"I  came,  I  saw,  I  conquered."    It 
was  amazing  —  Oregon  —  Joe  Lane's  own  state  - 
and  he  a  candidate  for  Vice-President !     Yet  here 
was  the  man,  with  the  commission  of  United  States 
Senator  in  his  possession.   Curiosity  to  see  him  was 
great  —  to  hear  him  greater.    A  writer  describes 
his  appearance  and  manner  at  this  time:  "Baker's 
delivery  was  rapid,  his  voice  melodious,  his  dic 
tion  polished,  his  gesture  free  and  full  of  grace.  He 
had  a  splendid  person,  an  eye  of  fire,  a  noble  fore 
head,  and  nose  and  mouth  and  chin  were  finely 
chiseled.    His  hair  had  long  been  gray.    On  the 
platform  his  manner  was  marked  by  perpetual  ani 
mation.   He  loved  all  arts,  all  sciences.   His  imagi- 

1  The  results  in  the  "October  States"  were  first  made  known  to 
Californians  in  the  San  Francisco  Evening  Bulletin  on  Wednesday, 
the  thirty-first  of  October. 


148      THE  CONTEST  FOR  CALIFORNIA 

nation  was  rich,  his  reading  wide,  his  memory  ex 
traordinary.  His  countenance  and  bearing  and  his 
gray  locks  recalled  the  picture  of  Thorwaldsen,  of 
whom  it  was  said  that  when  he  moved  in  the  midst 
of  a  crowd  it  would  separate  as  if  it  felt  the  pres 
ence  of  a  superior  being.  His  disposition  was  the 
perfection  of  amiability.  In  his  most  heated  foren 
sic  and  political  contests  he  was  never  betrayed 
into  saying  an  unmanly  thing  of  an  adversary."  l 
In  his  Oregon  campaign  Colonel  Baker  frankly 
avowed  his  candidacy  for  the  Senate,  but  after  the 
nomination  of  Lincoln  and  Hamlin  became  known 
he  put  that  forward  as  being  of  the  greatest  impor 
tance;  and  I  have  been  told  that  Baker's  speeches 
did  more  than  any  other  instrumentality  to  secure 
the  electoral  vote  of  Oregon  for  the  Republican 
candidates.2  The  Republican  Committee  of  Cali 
fornia  persuaded  him  to  speak  in  the  commercial 
metropolis  of  the  coast.  The  place  chosen  was  the 
old  American  Theatre  (where  later  stood  the  Hal- 
leek  block),  a  vast  auditorium,  and  the  date  Friday, 
the  twenty-sixth  of  October.  It  is  to  me  unaccount 
able  that  Bancroft  could  describe  Colonel  Baker's 
brilliant  and  unparalleled  and  victorious  canvass 
for  the  Senate  as  giving  Oregon  "the  benefit  of 
his  rhetoric,"  and,  although  admitting  that  Baker 
"aided  in  arousing  Union  sentiment,"3  could  refer 

1  Bench  and  Bar,  pp.  19,  20. 

2  Lincoln's  plurality  was  less  than  three  hundred.   It  is  easy  to 
believe  that  Baker's  speeches  won  over  more  than  that  number.  — 
E.  R.  K. 

3  Bancroft,  vol.  xix,  p.  276. 


PACIFIC  COAST  WON  FOR  LINCOLN      149 

to  his  San  Francisco  speech  with  a  sneer.  By  fre 
quent  iteration  and  reiteration  the  veteran  cam 
paigner  had  developed  to  their  utmost  the  salient 
issues  of  the  contest,  had  clad  them  in  the  most  gor 
geous  imagery,  and  arranged  them  in  the  most 
captivating  and  convincing  order.  He  had  attained 
that  perfection  which  comes  of  practice.  Then,  be 
sides  the  inspiration  of  noble  principles,  he  was 
speaking  for  Abraham  Lincoln,  the  friend  of  his 
lifetime.  The  circumstances  surrounding  the  occa 
sion  could  not  fail  to  arouse  his  utmost  powers  — 
and  he  had  powers.  Of  Baker  at  this  meeting  Mr. 
Shuck  said,  "Perhaps  on  that  occasion  he  excited 
his  audience  to  a  pitch  of  enthusiasm  and  delight 
beyond  all  his  other  triumphs."1  Hittell,  a  histo 
rian,  not  merely  an  employer  o'f  compilers,  says: 
"It  was  in  this  campaign  that  Edward  D.  Baker 
pronounced,  in  favor  of  Freedom  and  the  Republi 
can  Party,  what  was  supposed  to  be  the  greatest 
speech  ever  delivered  in  California." 2 

Many  people  from  other  parts  of  the  state  went 
to  San  Francisco  to  hear  the  "  Gray  Eagle."  I  jour 
neyed  from  Marysville,  —  a  trip  that  took  twenty- 
four  hours.  All  day  the  thought  of  the  meeting  ob 
sessed  the  city.  Not  Republicans  only  were  filled 
with  expectancy;  Democrats  were  conscious  of 
something  that  boded  ill  for  their  cause,  something 
like  a  calamity  they  were  unable  to  avert.  They 
appeared  to  realize  sullenly  that  they  were  as  pow- 

1  Bench  and  Bar,  p.  18. 

2  Hittell  (San  Francisco,  1897),  vol.  iv,  p.  272. 


150      THE  CONTEST  FOR  CALIFORNIA 

erless  as  they  would  have  been  to  arrest  the  rising 
tide  of  the  ocean.  Stores  and  offices  closed  earlier 
than  usual.  People  began  collecting  about  the 
doors  of  the  theatre  in  the  afternoon.  By  six  o'clock 
the  customary  directions  of  pedestrian  movement 
at  that  hour  were  reversed  and  the  tide  was  setting 
strongly  toward  the  corner  of  Halleck  and  Sansome 
streets.  Little  was  said.  People  acted  as  though 
some  great  event  was  portending  from  which  they 
must  not  be  diverted.  The  sidewalks  and  streets 
rapidly  filled,  throngs  extending  in  every  direction. 
It  was  estimated  that  by  seven  o'clock  there  were 
twelve  thousand  persons  present.  The  theatre  would 
hold  four  thousand.  When  the  doors  were  opened 
the  place  was  filled  almost  in  an  instant.  So  dense 
and  tightly  packed  was  the  crowd  in  the  aisles 
and  standing  places  that  persons  who  fainted  were 
passed  out  over  the  heads  of  others.  In  composi 
tion  and  character,  in  spirit  and  influence,  it  was 
much  the  most  important  meeting  ever  held  by 
any  political  party  on  the  Pacific  Coast.  At  eight 
o'clock  B.  W.  Hathaway,  Chairman  of  the  Repub 
lican  State  Committee,  came  forward  and  said: 
"Ladies  and  Gentlemen,  --We  have  met  here  to 
listen  to  the  first  Republican  who  has  ever  been 
elected  to  a  distinguished  position  on  the  Pacific 
Coast  ....  Our  guest  is  one  of  the  champions 
of  freedom,  the  orator  of  the  Pacific  Coast." 

As  soon  as  the  president  and  other  officers  of  the 
meeting  were  chosen,  cries  of  "Baker,"  "Baker," 
resounded  from  all  parts  of  the  hall.  Soon  the  gal- 


PACIFIC  COAST  WON  FOR  LINCOLN      151 

lant  "Gray  Eagle"  was  seen  coming  up  from  the 
rear  of  the  stage,  and  as  the  assembly  caught  sight 
of  his  silvery  locks,the  multitude  sprang  to  their  feet 
and  cheer  rose  upon  cheer  in  indescribable  enthu 
siasm.  When  the  presiding  officer,  the  Honorable 
E.  L.  Sullivan,  was  able  to  make  himself  heard,  he 
spoke  briefly  and  introduced  "the  Honorable  Ed 
ward  D.  Baker,  United  States  Senator  from  the 
State  of  Oregon."  At  this  the  tumult  broke  out 
afresh.  The  entire  audience  again  sprang  to  their 
feet,  shouting,  cheering,  waving  hands,  arms,  hats, 
handkerchiefs,  —  waving  themselves,  indeed,  - 
while  before  them  stood  that  joyous,  serene  man; 
and  thus  the  thousands  roared  and  demonstrated 
until  they  were  exhausted'.  Then  Colonel  Baker 
spoke.  The  first  tones  of  that  splendid  voice  that 
had  so  often  charmed  the  people  of  San  Francisco 
electrified  the  immense  throng.  It  is  often  said 
that  the  speech  was  not  reported.  Even  Mr.  Hay, 
in  his  brilliant  article  about  Colonel  Baker  in 
"Harper's  Magazine,"1  falls  into  this  error.  The 
speech  was  "reported  by  Sumner  and  Cutter," 
which  expression  I  quote  from  a  copy  of  "Cam 
paign  Document  No.  15,  Printed  by  the  Republi 
can  State  Central  Committee  of  California,"  in  my 
possession. 

Baker's  opening  sentence  was  greeted  with  ap 
plause  —  and  laughter.  The  people  present  con 
sidered  Colonel  Baker  a  Californian  and  a  San 
Franciscan.  He  had  gone  in  and  out  among  them 

1  December,  1861. 


152      THE  CONTEST  FOR  CALIFORNIA 

for  years.  Here  he  was,  in  an  unexpected  and  a  dis 
tinguished  capacity.  How  had  it  happened?  It 
had  been  understood  that  General  Lane  had  a  life 
lease  of  the  Oregon  senatorship  for  himself  and  any 
colleague  he  might  designate;  yet  here  was  Colonel 
Baker  —  of  San  Francisco,  as  they  all  understood 
it  —  on  his  way  to  Washington  as  United  States 
Senator  from  the  neighboring  state.  The  people 
present  looked  on  Colonel  Baker  as  their  own  hero, 
who  had  gone  up  to  Oregon,  wrested  a  splendid 
prize  from  all  contestants,  and  brought  it  back,  not 
so  much  for  service  in  Washington  as  for  their  de 
light  and  pride.  He  was  like  an  eagle  that  had 
gone  out  and  seized  great  spoil  and  returned  with  it 
to  his  eyrie;  so  when  the  speaker,  after  the  magnifi 
cent  welcome,  began,  "I  owe  more  thanks  than 
my  life  can  repay  —  and  I  wish  all  Oregon  were 
here  to-night,"  they  applauded,  and,  as  they  were 
struck  with  the  incongruity  of  Oregon's  having  any 
thing  to  do  with  it,  they  laughed.  The  idea  seemed 
pleasing  to  Colonel  Baker,  too,  for  he  continued: 
"We  are  a  quiet,  earnest,  pastoral  people;  but  by 
the  banks  of  the  Willamette  there  are  many  hearts 
that  would  beat  as  high  as  yours  if  they  could  see 
what  I  see  at  this  moment.  [Applause.]  People  of 
San  Francisco  and  of  California,  I  owe  you  very 
much.  But  I  owe  Oregon  more." 

The  notion  of  Colonel  Baker  as  one  of  the  quiet, 
pastoral  people  dwelling  by  the  banks  of  the  Wil 
lamette  was  amusing  enough,  and,  emphasized  as 
it  was  by  a  sly,  subtle  suggestion  of  drollness  in  the 


PACIFIC  COAST  WON  FOR  LINCOLN      153 

orator's  face,  and  a  peculiar  quip  in  his  voice,  the 
effect  was  comical  and  the  listeners  exploded  in 
laughter  and  cheers.  Then,  too,  they  remembered 
that  California  defeated  Baker  for  Congress,  while 
Oregon  had  elected  him  to  the  Senate,  and  it 
seemed  as  though  they  proposed  making  amends, 
on  this  night  of  triumph,  by  the  heartiness  of  their 
acclaims. 

A  few  minutes  later  Colonel  Baker  again  referred 
to  "my  country,  Oregon,"  when  he  was  again  in 
terrupted  by  laughter;  but  he  continued,  "where 
the  hospitality  of  the  people  is  a  great  deal  broader 
than  their  convenience.  In  my  country"  -and 
another  interruption  by  laughter;  so  that  the 
Colonel  changed  his  expression  and  said,  "  Well,  in 
Oregon,"  whereupon  there  was  "great  laughter," 
as  the  report  says.  Then  Colonel  Baker  added,  "As 
a  friend  here,  whose  country  it  is,  reminds  me,  if  it 
is  n't  mine  it  is  n't  Joe  Lane's,"  and  then  there  was 
more  laughter. 

Colonel  Baker  referred  felicitously  to  the  fact 
that  John  C.  Fremont,  who  had  been  their  candi 
date  four  years  before,  was  present,  but  he  was  soon 
over  with  preliminaries  and  in  the  midst  of  his  sub 
ject.  First,  taking  up  some  of  the  charges  against 
the  principles  and  character  of  his  party,  he  re 
futed  them  with  argument,  with  wit,  and  with  elo 
quence.  "They  used  to  say  that  we  were  sectional," 
said  he,  "because  we  were  not  represented  in  the 
Electoral  College,  or  in  the  national  convention 
which  met  in  Philadelphia,  by  delegates  from  all 


154      THE  CONTEST  FOR  CALIFORNIA 

the  states  in  the  Union.  I  saw  a  letter  last  week 
from  a  very  honest  and  a  very  good  man  by  the 
name  of  Abraham  Lincoln  [tremendous  applause], 
and  he,  in  thus  communicating  with  a  friend,1  said 
that  it  was  very  queer  he  should  be  called  sectional 
by  certain  politicians  when  it  was  a  fact  that  he  got 
more  votes  from  the  South  in  the  Chicago  Con 
vention  than  Judge  Douglas  did  in  the  Baltimore 
Convention.  'Yet  the  party  to  which  I  belong  is 
said  to  be  sectional  while  that  of  Judge  Douglas 
claims  to  be  national.'.  .  .  Whose  fault  is  it?  You 
won't  let  us  go  down  South  and  make  Republicans 
or  we  would  soon  have  a  host  of  converts  in  that  lat 
itude.  [Applause.]  I  believe  that  my  friend  Judge 
Douglas  intimates  that  Lincoln  can't  go  South  to 
see  his  mother.  [Laughter.]  Surely  this  is  no  cause 
for  your  complaint  against  us  if  you  won't  allow  us 
the  liberty  of  speech  in  order  to  express  our  opin 
ions  or  even  to  record  our  votes  in  your  states.  That 
is  not  sectionalism  in  us,  is  it?  If  so  the  fault  is  yours 
and  not  ours." 

Colonel  Baker  next  argued  the  secession  project 
and  made  this  significant  statement:  "I  am  told 
that  here  in  California  your  stump  speakers  boldly 
proclaim  the  doctrine  of  Senator  Lane,  from  Ore 
gon,  that  if  the  South  does  n't  stand  up  for  her 
rights  she  doesn't  deserve  any.  .  .  .  What  do 
disunionists  propose  to  dissolve  the  Union  for? 
They  say,  with  the  grammar  and  sense  of  Van 
Buren,  'Our  sufferings  is  intolerable'  [laughter], 

1  It  is  easy  to  surmise  who  that  friend  was. 


PACIFIC  COAST  WON  FOR  LINCOLN      155 

and  they  propose  in  alleviation  to  dissolve  the 
Union.  Speaker  Orr  does  it;  Yancey  does  it;  thou 
sands  do  it.  They  echo  it  and  reecho  it  here." 
Mentioning  the  Fugitive  Slave  Law,  Colonel  Baker 
said:  "When  a  black  man  runs  away  from  Ken 
tucky  into  Ohio,  or  any  other  free  state,  he  shall 
not  have  a  jury  trial.  When  a  question  arises  as  to 
the  personal  liberty  of  a  human  being  he  is  denied 
the  privilege  of  judge  or  jury  trial  in  the  ordinary 
forms  of  law.  But  a  black  horse  cannot  be  trans 
ferred  from  one  man  to  another,  where  there  is  a 
dispute  about  the  ownership,  without  the  matter 
being  fully  determined  by  twelve  men.  Again,  they 
repeat,  all  this  talk  will  do  very  well  for  a  white 
man,  but  it  don't  do  for  a  nigger.  If  you  don't  allow 
us  to  have  a  fugitive  slave  law,  in  order  to  facilitate 
our  operations  in  catching  negroes  without  any 
interference  by  jurors,  we  will  dissolve  the  Union. 
Oh,  very  well,  we  say,  if  you  are  going  to  dissolve 
the  Union,  why  take  your  nigger  [laughter];  we 
won't  break  up  the  Union  for  such  a  reason  as 
that.  So  the  Fugitive  Slave  Law  was  passed  in 
1850." 

The  speaker  then  discussed  the  question  of  slav 
ery  in  the  territories.  Replying  to  the  Southern 
contention  that  men  must  be  allowed  to  take  slaves 
into  territories,  as  well  as  any  other  kind  of  pro 
perty,  he  said:  "Some  property  is  good,  other 
property  is  bad;  some  is  productive,  other  unpro 
ductive;  some  is  safe,  other  dangerous.  Indeed,  if 
a  man  wanted  to  take  a  pet  jackass  [laughter],  in- 


156      THE  CONTEST  FOR  CALIFORNIA 

stead  of  a  pet  lapdog,  into  a  parlor,  would  it  be  right 
for  him  to  do  it?"  He  concluded  this  branch  of  his 
speech  as  follows:  "The  normal  condition  of  a  ter 
ritory  is  freedom.  [Applause.]  Stand  upon  the 
ridge  of  the  Sierra  Nevada,  or  upon  some  mountain 
height  that  overlooks  the  eastern  and  western  val 
leys  beyond  you,  and  what  do  you  behold?  The 
savage  may  be  there;  the  beasts  of  the  forest  may 
be  there;  the  pestilence  may  be  there;  but  slavery 
is  NOT  there  [applause],  anoT  if  it  goes  there,  you 
take  it  with  you  by  your  force,  your  fraud,  or  your 
laws." 

The  Colonel  asked,  "Is  there  one  land  which 
sympathizes  with  the  attempt  to  govern  this  coun 
try  for  the  purpose  of  slavery?  Do  you?  Does 
England?  Does  Russia?  Does  Germany?  Does 
Spain?  Does  Mexico?  Why,  one  of  the  most  affec 
ting  incidents  I  know  of  in  connection  with  the  war 
with  Mexico  occurred  when  the  Mexican  Commis 
sioners  met  the  American  Commissioners,  near 
Mexico,  to  determine  the  treaty  of  peace.  They 
said,  in  effect,  to  Mr.  Trist:  'Sir,  we  are  a  conquered 
people.  You  can  prescribe  your  own  terms.  But  we 
implore  you,  in  the  name  of  humanity  and  liberty, 
that  you  do  not  force  slavery  upon  an  unwilling 
people.' 3 

Colonel  Baker  showed  how,  during  the  Demo 
cratic  control  of  Congress  and  the  Executive,  every 
effort  to  promote  the  building  of  Pacific  railroads 
had  failed,  and  reminded  them  that  it  was  the 
pledge  of  the  Republican  Party  that  if  it  prevailed 


PACIFIC  COAST  WON  FOR  LINCOLN     157 

the  trans-continental  railroads  should  receive  gov 
ernment  assistance. 

Up  to  this  point  Colonel  Baker,  according  to  his 
habit,  had  spoken  rapidly,  sweeping  all  before  the 
resistless  phalanx  of  his  words.  As  he  approached  the 
most  splendid  part  of  his  address  his  voice  became 
unusually  effective  and  he  paused  at  the  conclusion 
of  many  sentences.  There  were  some  —  they  did 
not  know  the  man  —  who  questioned  whether  the 
aid  of  Democratic  votes  in  his  election  might  mod 
erate  his  passion  for  the  cause  of  liberty.  He  would 
leave  no  doubt  concerning  that.  "  We  live,"  said  he, 
"in  a  day  of  light.  We  live  in  an  advancing  genera 
tion.  We  live  in  the  presence  of  the  whole  world.  We 
are  like  a  city  set  on  a  hill,  that  cannot  be  hid.  The 
prayers  and  tears  and  hopes  and  sighs  of  all  good 
men  are  with  us,  of  us,  for  us.  [Applause.]  As  for 
me,  I  dare  not,  I  will  not,  be  false  to  freedom.  [Ap 
plause.]  Here,  many  years  long  gone,  I  took  my 
stand;  and  where  in  youth  my  feet  were  planted, 
there  my  manhood  and  my  age  shall  march.  I  am 
not  ashamed  of  Freedom.  I  know  her  power.  I 
glory  in  her  strength.  I  rejoice  in  her  majesty.  I 
will  walk  beneath  her  banner.  I  have  seen  her  again 
and  again  struck  down  on  a  hundred  chosen  fields  of 
battle.  I  have  seen  her  friends  fly  from  her.  I  have 
seen  her  foes  gather  around  her.  I  have  seen  them 
bind  her  to  the  stake.  I  have  seen  them  give  her 
ashes  to  the  winds,  regathering  them  that  they 
might  scatter  them  yet  more  widely.  But  when 
they  turned  to  exult,  I  have  seen  her  again  meet 


158      THE  CONTEST  FOR  CALIFORNIA 

them  face  to  face,  clad  in  complete  steel,  and 
brandishing  in  her  strong  right  hand  a  flaming 
sword  red  with  insufferable  light." 

Daring  the  utterance  of  these  sentences  the  lis 
teners  were  finding  it  difficult  to  repress  their  feel 
ings.  When  Colonel  Baker,  always  as  graceful  in 
gesture  as  in  speech,  came  to  the  mention  of  the 
sword,  he  —  a  veteran  officer  of  two  wars  —  ap 
peared  to  draw  his  own  weapon,  so  that  the  last 
words  were  spoken  with  his  arm  uplifted.  The  ex 
cited  thousands  again  sprang  to  their  feet,  the 
pent-up  enthusiasm  broke  loose,  and  such  a  wild 
tumult  as  greeted  the  hero  on  his  introduction  was 
repeated  with  wilder  power.  Cheer  after  cheer 
rolled  from  side  to  side,  from  pit  to  dome.  Even  the 
reporters  were  swept  away  in  the  frenzy  and  left 
their  desks  and  tables  to  fall  in  with  the  shouting 
multitude.  A  young  fellow  just  come  of  age  — 
afterwards  famous  as  Bret  Harte  —  leaped  upon 
the  stage  and  frantically  waved  an  American  flag. 
In  this  era  of  prearranged  demonstrations  that 
would  excite  little  attention,  but  no  such  scene  had 
ever  been  witnessed  at  a  political  meeting  in  Cali 
fornia;  none,  I  think,  has  ever  occurred  since;  and 
it  may  well  be  doubted  whether  —  excepting  in  na 
tional  conventions  —  the  equal  of  it  was  ever  wit 
nessed  in  the  United  States.  It  was  nearly  a  quarter 
of  an  hour  before  the  uproar  ceased.  Meantime 
Colonel  Baker  stood  motionless,  intent,  transfixed. 
When,  at  last,  there  was  perfect  silence,  he  spoke 
as  if  he  had  not  been  interrupted,  and  in  a  golden, 


PACIFIC  COAST  WON  FOR  LINCOLN    159 

throbbing  tone  that  thrilled  like  an  electric  current 
said:  "And  I  take  courage.  The  genius  of  America 
will  at  last  lead  her  sons  to  freedom."  [Great  ap 
plause]. 

This  was  the  conclusion,  so  far  as  the  speech  re 
lated  to  the  issues  of  the  political  campaign;  but 
Colonel  Baker,  meeting  a  host  of  friends  for  the 
first  time  since  his  departure  for  Oregon,  and  for  the 
last  time  before  he  should  sail  for  the  East,  had 
a  personal  statement  to  make,  a  statement  which, 
even  after  the  brilliant  close  of  his  superb  speech, 
aroused  new  emotions  in  his  hearers:  — 

"  It  is  but  a  year  ago,  a  few  days  past,  since  I  was 
beaten  in  this  fair  state  for  the  office  of  Represent 
ative  in  Congress.  With  my  heart  bruised,  my  am 
bition  somewhat  wounded,  my  hopes  crushed  and 
destroyed,  it  was  my  fortune  one  week  later  to 
stand  by  the  bedside  of  my  slaughtered  friend 
Broderick,  who  fell  in  your  cause  and  on  your  be 
half  [sensation],  and  I  cried,  'How  long,  oh,  how 
long,  shall  the  hopes  of  Freedom  and  her  champion 
be  thus  crushed!5 

"The  tide  has  turned.  I  regret  my  little  faith.  I 
renew  my  hopes.  I  see  better  omens.  The  warrior 
rests.  It  is  true  he  is  in  the  embrace  of  that  sleep 
that  knows  no  earthly  waking.  Nor  word,  nor 
wish,  nor  prayer,  nor  triumph  can  call  him  from 
that  lone  abode  [sensation],  but  his  example  lives 
among  us.  In  San  Francisco,  I  know,  I  speak  to 
hundreds  of  men  to-night  —  perhaps  to  thousands 
—  who  loved  him  in  his  life  and  who  will  be  true  to 


160      THE  CONTEST  FOR  CALIFORNIA 

his  memory  always.  And  if  I  were  not  before  a  vast 
assemblage  of  the  people  I  would  say  that  in  a 
higher  arena  it  may  be  my  privilege  to  speak  of  him 
and  for  him  —  as  I  will  [tremendous  applause  and 
cheering].  I  hope,  I  believe,  that  I  shall  be  able  to 
say  that  his  ashes  repose  among  a  people  who  loved 
him  well ;  who  are  not  and  never  will  be  forgetful  of 
the  manner  of  his  life  nor  of  the  method  of  his  death 
[profound  sensation]. 

"People  of  San  Francisco,  I  thank  you  for  the 
honor  of  your  presence  here  to-night.  You  make 
me  very  happy  and  very  proud.  .  .  .  And  express 
ing  to  you,  again  and  again,  my  thanks,  I  bid  you  a 
cordial,  heartfelt,  affectionate  farewell." 

The  report  from  which  these  quoted  passages  are 
taken  adds,  "Senator  Baker  retired  amid  a  wild 
storm  of  applause  and  cheering."  The  scene  defies 
description.  The  excited  multitude  were  disin 
clined  to  leave  the  place.  Long  they  continued 
cheering  and  shouting  and  singing.  Deeper  even 
than  this  manifestation  was  the  feeling  of  many, 
who,  touched  by  their  hero's  words  of  farewell  and 
the  pathos  in  his  voice,  wept,  and  even  sobbed 
aloud.  When,  at  last,  the  thousands  had  departed, 
they  went  out  in  a  mood  quite  different  from  that 
in  which  they  entered  the  hall.  Then  they  were 
expectant;  now  they  were  full  of  courage  and  confi 
dence,  which  spread  abroad  with  the  speed  of 
thought.  From  time  to  time  some  reminiscent 
veteran  recalls  the  "oratorical  drama"  of  that  fate 
ful  night,  always  with  the  feeling  that  he  was  pres- 


PACIFIC  COAST  WON  FOR  LINCOLN    161 

ent  when  history  was  made.1  The  people  had  not 
reached  their  homes  before  the  shorthand  notes 
were  being  written  out  and  set  up  in  type.  The 
morrow's  sun  had  not  risen  when  copies  of  the 
pamphlet  containing  the  speech  were  ready  for  the 
outgoing  steamboats  and  stage-coaches  that  were  to 
convey  them  to  the  uttermost  parts  of  the  state.  In 
many  places  crowds  assembled  to  hear  the  speech. 
I  myself  read  it  aloud  in  a  public  hall  in  Marysville. 
It  was  like  the  effect  of  mountain  air.  Republicans 
everywhere  took  heart. 

A  few  days  later  the  presidential  election  oc 
curred;  Abraham  Lincoln  had  a  plurality  of  six 
hundred  and  fourteen  in  the  State  of  California. 
Colonel  Baker  had  won  the  state  for  the  party  of 
Freedom. 

1  I  have  refreshed  my  recollection  by  reference  to  some  of  the  daily 
journals,  and  am  especially  indebted  to  an  article  by  Calvin  B. 
McDonald,  which  appeared  in  the  Sacramento  Bee  on  the  ninth  of 
June,  1894.  —  E,  R.  K. 


CHAPTER  X 

BAKER  IN  THE  SENATE  —  HIS  REPLY  TO  BENJAMIN 

DURING  the  next  few  days  there  were  many  confer 
ences  between  Senator  Baker  and  leading  Republi 
cans  of  the  state.  If  Mr.  Lincoln  had  been  elected 
President,  as  they  hoped,  there  would  be  justifica 
tion  —  nay,  more,  owing  to  the  disloyalty  of  the 
Federal  office-holders  there  wras  an  imperative  ne 
cessity —  for  a  "clean  sweep"  and  the  appoint 
ment  of  men  who  could  be  trusted  to  sustain  the 
Government;  and  it  was  regarded  as  certain  that 
Senator  Baker  would  have  great  influence  in  select 
ing  the  new  officials.  On  his  last  day  in  the  city 
Senator  Baker  received  the  most  magnificent  set  of 
silver  plate  that  had  ever  been  made  or  seen  on  the 
Coast.  It  had  been  on  exhibition  and  was  known 
as  the  "Railroad  Set,"  as  the  decorative  work  was 
emblematical  of  railroad  articles,  —  locomotives, 
cars,  bridges,  and  the  like.  It  cost  its  donors  about 
five  thousand  dollars,  and  every  piece  bore  this 
inscription:  "Presented  to  E.  D.  Baker  by  the  Mer 
chants  of  San  Francisco  as  a  token  of  their  esteem 
and  confidence."  "No  man  considered  a  politician 
was  invited  to  contribute  toward  this  superb  gift, 
but  there  were  men  of  all  parties  among  the  mer 
chants  who  gave  it."  1 

1  Alta,  November  10,  1860;  also  Union,  same  date. 


BAKER  IN  THE  SENATE ;  163 

Senator  Baker  sailed  for  Panama  on  the  steam 
ship  Sonora,  on  the  tenth  of  November,  1861.  A 
great  throng  was  at  the  wharf  to  bid  him  farewell. 
I  am  sure  there  were  many,  that  day,  who  could 
have  applied  to  the  "Gray  Eagle"  Longfellow's 
apostrophe  to  the  "Ship  of  State":  - 

"Our  hearts,  our  hopes,  are  all  with  thee; 
Our  hearts,  our  hopes,  our  prayers,  our  tears, 
Our  faith  triumphant  o'er  our  fears, 
Are  all  with  thee,  —  are  all  with  thee!" 

The  voyage  was  uneventful.  Doctor  Gwin  kept 
in  his  room  much  of  the  time.  Senator  Benjamin 
and  Reverdy  Johnson  were  companionable,  espe 
cially  the  latter;  but  Baker's  intimate  talk  was  with 
the  gallant  Colonel  Lander.  Baker,  however,  was 
not  in  a  talkative  mood.  He  was  in  a  hurry,  —  im 
patient  and  eager  to  be  at  the  capital.  Those  who 
knew  Colonel  Baker  will  understand  how  he  walked 
the  deck,  "rapidly  pacing  back  and  forth,  climbing 
into  the  rigging,  passing  out  on  the  bowsprit  to  view 
the  phosphorescent  sea  as  the  ship  ploughed  her 
onward  way."  1 

Colonel  Baker  arrived  in  Washington  on  the  fifth 
of  December,  after  Congress  had  begun  its  sessions. 
When  he  was  sworn  in,  his  colleague,  Senator  Lane, 
did  not  present  his  credentials  and  escort  him  for 
ward  to  take  the  oath.  That  courteous  service  was 
performed  by  Senator  Latham,  a  political  oppo- 

*  *  Letter  of  L.  Holmes,  Portland,  Oregon,  November  20,  1885. 
This  phosphorescence  is  much  more  brilliant  in  the  Pacific  than  in 
the  North  Atlantic.  —  E.  R.  K. 


164      THE  CONTEST  FOR  CALIFORNIA 

nent.  The  dream  of  Baker's  boyhood,  the  deter 
mination  of  his  youth,  the  passion  of  his  manhood, 
and  the  ambition  of  his  later  years,  the  inspiration 
that  had  sustained  him  in  adversity  and  cheered 
him  in  success,  were  realized  and  gratified.  As  he 
had  been  at  one  time  the  only  Whig  in  Congress 
"from  the  State  of  Illinois,  he  was  now  the  only 
Republican  in  either  house  from  the  whole  Pacific 
Coast,  —  the  only  member  of  a  party  that  was  so 
soon  to  assume  the  responsibility  of  carrying  on  the 
Government;  the  only  member  of  either  house  with 
whom  Sumner  and  Fessenden  and  Wade  and  Trum- 
bull  and  Dixon  and  the  others  of  that  company  of 
great  men  could  counsel  when  the  affairs  of  that 
remote  and  imperiled  section  of  our  country  were 
considered.  It  was  a  position  such  as  no  senator 
had  ever  occupied  or  ever  has.  The  circumstances 
of  his  election  were  not  well  known.  Mystery,  that 
has  such  power  to  excite  interest,  surrounded  his 
coming.  Legend  and  romance  were  fruitful  upon  his 
past.  Then  it  was  known  that  he  was  the  lifetime 
friend  and  the  confidant  of  the  strange  new  man 
who  was  soon  to  come  out  of  the  West  and  grasp 
the  reins  of  government.  The  conditions  surround 
ing  Baker's  advent  in  the  Senate,  as  also  his  earlier 
appearance  in  the  House,  excited  so  much  interest 
that  discussions  by  friend  and  foe  were  often 
charged  with  personal  allusions,  and  these  required 
replies  from  the  personal  point  of  view.  Baker's 
unique  position  in  the  Senate  was  at  once  appre 
ciated;  it  took  but  a  short  time  for  him  to  obtain 


BAKER  IN  THE  SENATE  165 

the  recognition  of  his  talents.  Senator  Sumner 
declared  that  "Oregon  first  became  truly  known 
to  us  on  this  floor  by  his  eloquent  lips."  Senator 
Breckinridge,  in  debate,  spoke  of  him  as  "the 
Senator  from  California."  Senator  Baker  inter 
rupted  with  merely  the  word  "Oregon";  to  which 
Mr.  Breckinridge  replied,  "The  Senator  seems  to 
have  charge  of  the  whole  Pacific  Coast."  1  After  the 
inauguration  of  Mr.  Lincoln,  Senator  Powell  re 
ferred  to  Baker  as  "the  personal  and  confidential 
friend  of  the  President,  —  and  I  think  I  can  say, 
without  reflecting  upon  any  gentleman  on  the 
other  side  of  the  chamber,  one  of  the  most  distin 
guished  and  able  Senators  on  this  floor."2 

Senator  Baker's  appearance  at  this  time  is  fairly 
shown  by  the  frontispiece  of  this  book  —  his  ap 
pearance  in  repose.  No  portrait  is  capable  of  sug 
gesting  the  divine  fire  that  irradiated  from  his 
countenance  when  his  mind  was  aroused.  Mr. 
Wallace  describes  him  as  follows:  "He  was  now 
verging  close  on  fifty,  and  about  his  bodily  pres 
ence  there  was  that  air  of  blended  grace  and  dig 
nity  which  betokened  something  more  than  an 
ordinary  man.  Of  medium  height,  his  figure  was 
still  erect,  and  roundly  and  compactly  built.  His 
head  (which  might  have  formed  a  model  for  a 
sculptor)  was  partially  bald  and  his  hair  and  small 
side  whiskers  almost  white.  His  complexion  was 
florid;  his  nose,  large  and  long,  was  of  the  Roman 
type;  his  eyes  of  a  grayish  tint,  and  capable  of 

1  Cong.  Globe,  1st  Session,  37th  Congress,  p.  379.    2  Ibid.,  p.  69. 


166      THE  CONTEST  FOR  CALIFORNIA 

expressing  every  varying  emotion  of  the  soul.  His 
manners  were  easy  and  urbane,  whilst  his  voice  was 
penetrating  and  finely  modulated  as  in  the  days  of 
yore."1. 

Mr.  Blaine  says:  "From  the  far-off  Pacific  came 
Edward  Dickinson  Baker,  the  Senator  from  Oregon, 
a  man  of  extraordinary  gifts  of  eloquence;  lawyer, 
soldier,  frontiersman,  leader  of  popular  assemblies, 
tribune  of  the  people.  In  personal  appearance  he 
was  commanding,  in  manner  most  attractive,  in 
speech  irresistibly  charming.  Perhaps  in  the  his 
tory  of  the  Senate  no  man  ever  left  so  brilliant  a 
reputation  from  so  short  a  service.  He  was  born 
in  England,  and  the  earliest  recollection  of  his  life 
was  the  splendid  pageant  attending  the  funeral  of 
Lord  Nelson."  2 

Congressman  W.  D.  Kelley,  of  Pennsylvania, 
said:  "He  was  a  fascinating  companion;  and  I 
know  not  which  most  to  admire,  the  heartiness, 
ease,  and  grace  of  his  social  intercourse,  or  his  power 
as  a  thinker,  orator,  and  leader  of  men.  Who  that 
has  seen  his  eye  flash,  as  his  voice  swayed  the  Senate 
or  the  assembled  multitude  of  eager  listeners,  shall 
forget  its  fire?  Or  who  that  has  heard  him  quietly 
relate  some  mirth-moving  incident  will  forget  the 
genial  light  with  which  it  illuminated  his  sweet 
smile?"3 

Upon  the  invitation  of  the  President-elect  Sena- 

1  Wallace,  pp.  63,  64. 

2  Twenty  Years  of  Congress,  vol.  I,  p.  321. 

3  Cong.  Globe,  37th  Congress,  2d  Session,  p.  66. 


BAKER  IN  THE  SENATE  167 

tor  Baker  visited  Mr.  Lincoln  in  Springfield.  Wal 
lace,  who  was  noted  for  his  care  and  accuracy,  errs 
in  saying  that  "this  visit  was  paid  while  en  route 
to  Washington."  Baker  stopped  but  a  day  in  New 
York,  upon  his  return  from  California,  and  was 
present  in  the  Senate  on  the  fifth  of  December.  The 
visit  to  Illinois  took  place  in  the  latter  part  of  the 
month,  Senator  Baker  being  all  day  Christmas  in 
the  train,  one  of  his  fellow  travelers  being  David 
Wilmot,  whose  name  recalls  the  famous  proviso. 
Senator  Baker  had  washed  off  the  dust  of  travel 
and  was  lying  down  for  a  brief  rest,  conversing  with 
his  stepdaughter,  Mrs.  Judge  Matheny,  when  he 
saw  out  of  a  window  a  great,  gaunt  man  put  one  leg 
over  the  front  gate,  lift  the  other  leg  after,  and  in 
another  moment  the  long-legged  man  came  unan 
nounced  into  the  room.  It  was  the  first  meeting  of 
the  two  men  since  Baker  had  left  Illinois,  more  than 
a  decade  before.  "Hello,  Baker,"  was  Mr.  Lin 
coln's  salutation ;  "  I  am  glad  to  see  you.  I  'd  rather 
have  had  you  elected  Senator  than  any  man  alive." 
Senator  Baker,  with  mischief  in  his  eye,  responded 
in  mock  formality,  "I  was  coming  soon  to  call 
on  you,  Mr.  President";  whereupon  Lincoln  in 
terrupted  him  with  "None  of  that  between  us, 
Baker."1 

There  is,  naturally,  no  record  of  what  occurred 
in  the  conferences  between  the  President-elect  and 
the  Senator.  That  Mr.  Lincoln  sent  for  the  only 
Republican  Representative  from  the  Pacific  Coast 

1  Newspaper  correspondent  at  Springfield. 


168      THE  CONTEST  FOR  CALIFORNIA 

creates  the  inevitable  conclusion  that,  whatever  else 
they  talked  about,  the  affairs  of  the  Pacific  Coast 
received  consideration.  When  he  returned  to  Wash 
ington  Baker  bore  a  message  from  the  President 
elect  to  General  Scott.1  Secrecy  was  essential  at 
the  time,  but  we  must  suppose  the  message  was 
encouraging  to  the  venerable  and  faithful  chief, 
who  had  been  baffled  in  his  arrangements  to  pre 
serve  government  property  and  defend  the  capital 
when  not  ignored  by  the  traitors  in  President 
Buchanan's  Cabinet. 

People  in  Illinois  who  remembered  the  delight 
afforded  by  Baker's  speeches  when  he  resided  in 
that  state,  and  were  deeply  concerned  with  the  peril 
ous  state  of  affairs,  urged  him  to  speak.  At  first 
he  declined,  but  he  finally  yielded  to  the  insistency 
of  old  friends  and  spoke  in  two  towns  of  his  former 
congressional  district.  One  of  them  was  chosen  be 
cause  his  mother  was  still  living  there  and  wished 
to  hear  her  son  with  all  his  added  dignity  and 
responsibilities. 

It  was  an  era  of  oratory.  Wood  pulp  had  not 
ousted  the  human  voice  from  its  ascendency. 
Every  state  had  its  men  whose  utterances  were 
heard  by  the  Nation.  Massachusetts  alone  con 
tained  such  oratorical  dynamos  as  Wendell  Phil 
lips,  Edward  Everett,  Charles  Sumner,  Ralph 
Waldo  Emerson,  John  A.  Andrew,  and  Nathaniel 
P.  Banks.  Little  Connecticut  had  "Joe"  Hawley, 
Colonel  Henry  C.  Deming,  Richard  D.  Hubbard, 
1  Nicolay  and  Hay,  vol.  iv,  p.  250. 


BAKER  IN  THE  SENATE  169 

and  the  immortal  Governor  Buckingham.  In  New 
York  were  William  H.  Seward,  Daniel  S.  Dickinson, 
James  W.  Nye,  William  M.  Evarts,  Roscoe  Conk- 
ling,  George  William  Curtis,  and  numerous  others. 
Beecher — facile  princeps  —  and  Storrs  and  Cha- 
pin  and  Simpson  and  Starr  King,  from  the  pul 
pit,  flooded  the  land  with  splendors  of  eloquence 
that  fused  love  of  country  with  the  principles  of 
religion  and  the  love  of  God.  Bryant,  Stedman, 
Boker,  Whitman,  Longfellow,  Whittier,  Lowell, 
and  Holmes  breathed  forth  the  sublime  inspira 
tions  of  patriotism  in  undying  verse.  Minor  poets 
occasionally  flashed  up  in  brilliant  nationalism. 
Congress  contained  numerous  men  who  would  at 
any  time  have  been  regarded  as  able  speakers, 
whom  the  profound  interests  of  liberty  and  union 
at  this  epoch  raised  to  greatness.  Of  such  a  crisis 
as  had  now  been  reached  in  national  affairs  it 
might  truly  be  said,  — 

"  Kings  it  makes  gods,  and^  meaner  creatures  kings." 

In  such  a  time  Baker  came  to  the  National  Capi 
tal  from  the  little-known  Pacific  Coast.  Sumner 
said,  "  In  the  Senate  he  at  once  took  the  place  of  or 
ator."  On  the  second  of  January,  1861,  —  less  than 
a  month  after  his  credentials  had  been  presented, 
-  the  new  Senator  rose  to  speak.  Lane  and  Gwin 
interposed  other  matters,  apparently  for  the  pur 
pose  of  throwing  Baker  off  the  track.  Baker  of 
fered  to  give  way  to  the  Pacific  Railroad  Bill  if  that 
could  be  taken  up.  Trumbull,  of  Illinois,  insisted 


170      THE  CONTEST  FOR  CALIFORNIA 

on  Baker's  right  to  the  floor,  and  the  Oregon  Sena 
tor  began.  Senator  Judah  P.  Benjamin,  of  Louisi 
ana,  had,  a  few  days  before,  made  a  speech  which 
his  admirers  pronounced  unanswerable.  Never 
theless,  Baker  answered  it.  Charles  Sumner  said 
of  Baker's  reply,  "Perhaps  the  argument  against 
the  sophism  of  secession  was  never  better  arranged 
and  combined,  or  more  simply  popularized  for 
the  general  apprehension."  Mr.  Sumner  added, 
"That  speech  passed  at  once  into  the  permanent 
literature  of  the  country,  while  it  gave  to  its 
author  an  assured  position  in  this  body"  [the 
United  States  Senate].  The  late  Senator  Dolliver 
once  told  me  he  had  read  every  word  of  the  de 
bates  in  the  Senate  and  the  House  of  that  remark 
able  session  of  Congress,  and  that  he  considered 
"the  high- water  mark  was  reached  in  the  speech 
of  Mr.  Benjamin  on  the  Southern  side  and  the 
speech  of  Senator  Baker  on  the  side  of  the  Union." 
The  exordium  was  brief.  After  a  generous  trib 
ute  to  the  high  plane  and  courteous  tone  of  Mr. 
Benjamin's  speech,  Mr.  Baker  entered  at  once  upon 
the  discussion.  "  I  propose,"  he  remarked,  "  in  op 
position  to  all  that  has  been  said,  to  show  that  the 
Government  of  the  United  States  is  in  very  deed 
a  real,  substantial  Power;  ordained  by  the  people, 
not  dependent  upon  states;  sovereign  in  its  sphere; 
a  Union,  and  not  a  compact  between  sovereign 
states;  that  according  to  its  true  theory  it  has  the 
inherent  capacity  of  self -protection ;  that  its  Con 
stitution  is  a  perpetuity,  beneficent,  unfailing, 


THOMAS    STARR    KING 


BAKER  IN  THE  SENATE  171 

grand;  and  that  its  powers  are  equally  capable  of 
exercise  against  domestic  treason  and  foreign  foes"; 
—  no  longer  disputed  propositions,  but,  in  1860, 
the  very  points  upon  the  denial  of  which  Southern 
advocates  based  the  claim  of  a  right  of  their  states 
to  secede  without  hindrance.  "I  deny,"  said  Mr. 
Baker,  "that  this  Union  is  a  compact  between  sov 
ereign  states  at  all.  .  .  .  There  is  but  one  sover 
eign,  and  that  sovereign  is  the  People.  The  State 
Government  is  its  creation;  the  Federal  Govern 
ment  is  its  creation;  each  supreme  in  its  sphere; 
each  sovereign  for  its  purpose;  but  each  limited  in 
its  authority,  and  each  dependent  upon  delegated 
power.  .  .  .  Mr.  Webster  has  well  observed  that 
there  can  be  in  this  country  no  sovereignty  in  the 
European  sense  of  sovereignty.  .  .  .  Therefore 
all  assumption  and  presumption  arising  out  of  the 
proposition  of  sovereignty  --  supremacy  on  the 
part  of  the  state  —  is  a  fallacy  from  beginning  to 
end."  Mr.  Baker  went  on  to  show  that  "the  Con 
stitution  ...  is  the  work  of  one  People;  that  the 
Constitution  declares  itself  to  have  been  made  by 
the  People  —  not  by  sovereign  states  ;  .  .  .  not  a 
compact,  not  a  league;  .  .  .  but  it  declares  that  the 
People  of  the  United  States  do  ordain  and  establish 
a  government." 

A  question  to  Mr.  Benjamin  led  to  a  long  and 
interesting  colloquy.  The  Louisiana  Senator  ap 
parently  realized  that  he  had  been  driven  from  the 
ground  first  taken, --that  secession  was  a  right 
inherent  in  the  Constitution,  —  for  he  finally  asked 


172      THE  CONTEST  FOR  CALIFORNIA 

Mr.  Baker  "if  the  State  of  South  Carolina  were  re 
fused  more  than  one  Senator  on  this  floor,  whether 
she  would  have  a  right  to  withdraw  from  this  Union, 
and  if  so,  whether  it  would  arise  out  of  the  Consti 
tution  or  not."  After  considerable  fencing  on  both 
sides  to  distinctly  fix  the  point,  Mr.  Baker  showed 
that  as  the  Senate  was  "the  judge  of  the  qualifica 
tions  of  its  own  members  "  it  might  at  some  time 
decide  that  a  senator  sent  up  from  South  Caro 
lina  was  unfit,  but  he  declared  that  "would  not  be 
cause  of  withdrawal  or  secession  or  revolution  or 
war."  He  added,  "I  will  meet  the  question  in  the 
full  spirit  in  which,  I  suppose,  it  is  intended  to  put 
it."  After  considerable  more  discussion  between 
the  two,  Mr.  Baker  said,  "The  right  of  South  Caro 
lina  to  withdraw,  because  the  fundamental  right  of 
representation  is  denied  her,  is  the  right  of  revolu 
tion,  of  rebellion.  It  does  not  depend  upon  con 
stitutional  guarantees  at  all." 

From  this  position  Mr.  Baker  resumed  his  at 
tack.  He  mentioned  the  Puritan  Revolution  led  by 
Cromwell,  the  revolution  that  resulted  in  the  Dutch 
Republic,  and  the  revolt  of  the  American  Colonies, 
in  each  of  which  cases  the  grounds  for  revolt  en 
listed  the  sympathies  of  the  world.  Referring  to 
the  American  Declaration  of  Independence,  he  said, 
"I  ask  the  honorable  Senator  to  bring  his  reasons 
for  revolution,  bloodshed,  and  war  here  to-day  and 
compare  them  with  that  document." 

After  squirming  under  question  and  assertion, 
the  Louisiana  Senator,  said  Mr.  Baker,  had  fallen 


BAKER  IN  THE  SENATE  173 

back  upon  the  declaration  that  the  "wrongs"  under 
which  South  Carolina  "groans,"  and  the  injuries 
which  justify  and  demand  revolution,  are  to  be 
found  "chiefly  in  a  difference  of  our  construction 
of  the  Constitution."  Mr.  Benjamin  seemed  sur 
prised  to  perceive  the  point  to  which  he  had  been 
driven.  He  started  another  colloquy,  but  failed  to 
shake  Mr.  Baker  off.  The  Oregon  Senator  asked 
the  Southern  champion  if  he  remembered  that,  al 
though  they  might  differ  in  construction,  "there  is 
between  us  a  supreme  arbiter,  and  that  upon  every 
conceivable  clause  about  which  we  may  differ,  or 
have  differed,  that  arbiter  has  decided  always  upon 
one  side."  He  declared  that  the  "defective  con 
struction,"  of  which  the  North  was  alleged  to  be 
guilty,  "is  to  be  found  upon  two  subjects:  one  in 
relation  to  the  fugitive  slave  question,  and  the 
other  the  government  of  the  territories."  As  to  the 
first,  "We  did  in  argument  give  a  construction.  .  .  . 
We  were  overruled.  We  have  obeyed  that  decision 
loyally  ever  since."  As  to  the  second,  Mr.  Baker 
argued  at  length.  The  Southern  contention  was 
that  slaves  were  property,  and  therefore  might  be 
taken  into  the  territories,  where  owners  must  be 
protected  in  their  possessions  as  were  the  owners 
of  other  property.  Mr.  Baker  contended  that  slaves 
were  property  only  where  made  so  by  local  law,  and 
he  declared  he  would  never  vote  to  extend  slavery 
into  new  territory. 

Mr.  Baker  continued:  "Passing  from  that,  the 
Senator  from  Louisiana,  in  the  second  item  of  the 


174      THE  CONTEST  FOR  CALIFORNIA 

'dreary  catalogue'  which  he  recounts  in  his  speech, 
says,  in  substance,  that  we  attack  slavery  generally . 
Now,  I  am  going  to  reply  at  some  little  length  to 
that  count  in  the  indictment.  I  begin  thus:  If  the 
gentleman  means  that,  in  violation  of  the  Constitu 
tion  of  the  United  States,  we  of  the  North  or  West, 
by  any  bill,  resolution,  or  act,  do  in  any  wise  inter 
fere  with  the  state  and  condition  of  slavery  where 
it  exists  within  the  states  of  this  Union  or  any  of 
them  by  virtue  of  local  law,  ...  we  deny  it.  We 
have  offered  no  such  interference;  we  claim  no 
such  power."  Mr.  Benjamin  interrupted  to  say 
"the  charge  is  not  that  Congress  does  it,  but  the 
states  do  it."  Mr.  Baker  replied,  "Again  we  deny 
it.  The  fact  is  not  so.  The  proof  cannot  be  made. 
Why,  sir,  I  might  ask,  in  the  first  place,  how  can 
the  states  so  interfere?"  Upon  this  Mr.  Benjamin 
burst  out  in  a  violent  and  surprising  description 
of  John  Brown's  raid  and  denounced  the  people  of 
Massachusetts  as  having  approved  of  that  foray. 
He  went  on:  "The  people  of  Massachusetts  in  their 
collective  capacity  have  done  more.  They  have 
sent  Senators  upon  this  floor  whose  only  business 
has  been,  year  after  year,  to  insult  the  people  of 
the  South.  .  .  .  They  have  done  that,  and  nothing 
else,1  ever  since  I  have  been  in  the  Senate!" 

Senator  Wilson,  of  Massachusetts,  rose  to  reply, 
but  Mr.  Baker  said,  "Oh,  never  mind.  Mr.  Presi 
dent,  I  asked  the  gentleman  from  Louisiana  to 
point  out  to  me  and  to  the  Senate  how  if  the 
1  The  italics  are  mine.  —  E.  R.  K. 


BAKER  IN  THE  SENATE  175 

State  of  Illinois  were  desirous  to  interfere  with  the 
existence  of  slavery  in  Virginia,  it  could  be  done.  I 
leave  to  his  cooler  temper  and  better  taste  to  ex 
amine  how  he  has  answered  me.  ...  I  hold  that 
his  answer  is  an  acknowledgment  that  a  free  state 
cannot,  as  a  state,  interfere  in  any  considerable 
way  with  slavery  in  a  slave  state;  and  that  being 
so,  we  advance  another  step.  We  agree  now  that 
Congress  never  have  interfered  and  that  states 


never  can.': 


Mr.  Baker  then  discussed  Mr.  Benjamin's  charge 
that  individuals  in  the  Northern  States  have  inter 
fered  with  slavery  in  the  Southern  States,  and  con 
ceded  that  to  be  true.  He  added  that  individuals 
in  the  Northern  States  had  sometimes  also  inter 
fered  with  the  possession  of  property  in  horses, 
and  that  he  presumed  that  had  been  so  in  Louis 
iana,  and  that  the  distinguished  Senator  from  that 
state  might  have  been  sometimes  called  on  to  de 
fend  men  against  whom  such  charges  had  been 
made.  He  asked,  "Will  you  plunge  us  into  civil 
war  for  that?" 

Mr.  Benjamin  again  interrupted  in  the  endeavor 
to  take  up  a  position  upon  which  he  could  firmly 
rest,  and  asserted  that  "it  is  the  desire  of  the 
whole  Republican  Party  to  close  up  the  Southern 
States  with  a  cordon  of  free  states  for  the  avowed 
purpose  of  forcing  the  South  to  emancipate  the 
slaves."  Mr.  Baker  replied,  "Very  well,  sir.  See 
how  gloriously  we  advance  step  by  step.  .  .  .  The 
great  ground  of  complaint  has  narrowed  itself  down 


176      THE  CONTEST  FOR  CALIFORNIA 

to  this.  .  .  .  Why,  if  I  read  history  and  observe 
geography  rightly  it  is  so  girdled  now.  .  .  .  Which 
way  can  slavery  extend  itself  that  it  does  not  en 
croach  upon  the  soil  of  freedom?  .  .  .  Being  so 
hedged,  circled,  girded,  encompassed,  it  will  some 
day,  —  it  may  be  infinitely  far  distant,  so  far  as 
mortal  eye  can  see,  —  but  it  will  be  some  day  lost 
and  absorbed  in  the  superior  blaze  of  freedom.  And, 
sir,  that  would  be  the  case  just  as  much  as  it  is  now 
if  there  were  no  Northern  free  states.  .  .  .  There 
fore  it  appears  to  me  idle  —  and  I  had  almost  said 
wicked  —  to  attempt  to  plunge  this  country  into 
civil  war  upon  the  pretense  that  we  are  endeavoring 
to  circle  your  institution,  when,  if  we  had  no  such 
wish  or  desire  in  the  world,  it  is  circled  by  des 
tiny,  by  Providence,  and  by  human  opinion  every 
where." 

Mr.  Baker  then  examined  the  Southern  com 
plaint  that  the  press  in  the  free  states  was  offensive. 
"As  for  destroying  the  liberty  of  our  press,  as  for 
abolishing  societies  formed  to  promote  the  abolition 
of  slavery,  or  for  any  other  purpose  in  the  world,  do 
Senators  think,  when  they  ask  us  to  do  that?  Sir, 
I  ask  them  how?  ...  I  inquire,  how  do  they  expect 
us  to  abolish  the  right  of  free  speech  and  free  dis 
cussion?  "  After  further  remarks  on  this  point,  Mr. 
Baker  flashed  forth  one  of  those  extraordinary  pas 
sages  which  illumined  so  many  of  his  speeches  — 
a  few  words  of  which  may  be  presented  here.  "Sir, 
the  liberty  of  the  press  is  the  highest  safeguard  to 
all  free  government.  Ours  could  not  exist  without 


BAKER  IN  THE  SENATE  177 

it.  It  is  with  us,  nay,  with  all  men,  like  a  great, 
exulting,  and  abounding  river.  .  .  .  On  its  broad 
bosom  it  bears  a  thousand  barks.  There  Genius 
spreads  its  purpling  sail.  There  Poetry  dips  its  sil 
ver  oar.  There  Art,  Invention,  Discovery,  Science, 
Morality,  Religion,  may  safely  and  securely  float. 
.  .  .  Without  it  civilization,  humanity,  govern 
ment,  all  that  makes  society  itself,  would  disap 
pear,  and  the  world  would  return  to  its  ancient 
barbarism.  .  .  .  Sir,  we  will  not  risk  these  conse 
quences  —  even  for  slavery.  We  will  not  risk  these 
consequences  —  even  for  Union.  We  will  not  risk 
these  consequences  to  avoid  that  civil  war  with 
which  you  threaten  us;  that  war  which  you  an 
nounce  as  deadly,  and  which  you  declare  to  be  in 
evitable."  Mr.  Baker  added:  "I  will  never  yield  to 
the  idea  that  the  great  Government  of  this  country 
shall  protect  slavery  in  any  territory  now  ours, 
or  hereafter  to  be  acquired.  It  is,  in  my  opinion, 
a  principle  of  free  government,  not  to  be  surren 
dered.  It  is,  in  my  judgment,  the  object  of  the 
great  battle  which  we  have  fought  and  which  we 
have  won." 

The  Oregon  Senator  then  discussed  the  sugges 
tions  of  compromise.  "Do  you  mean  that  I  am  to 
give  up  my  conviction  of  right?  Armies  cannot 
compel  that  in  the  breast  of  a  free  people.  Do  you 
mean  that  I  am  to  concede  the  benefits  of  the  politi 
cal  struggle  through  which  we  have  passed,  con 
sidered  politically  only?  You  are  too  just  and  too 
generous  to  ask  that.  Do  you  mean  that  we  are  to 


178      THE  CONTEST  FOR  CALIFORNIA 

deny  the  great  principle  upon  which  our  political 
action  has  been  based?  You  know  we  cannot."  He 
declared  that  if  the  proper  courts  should  declare 
any  of  the  Northern  laws  unconstitutional,  "we  will 
repeal  them,"  and  that  the  North  would  show  a 
generous  disposition.  He  continued,  "I  will  not 
yield  one  inch  to  secession;  but  there  are  things 
I  will  yield,  and  there  are  things  to  which  I  will 
yield.  It  is  somewhere  told  —  and  the  fine  reading 
of  my  friend  from  Louisiana  will  enable  him  to  tell 
me  where  —  that  when  Harold  of  England  received 
a  messenger  from  a  brother  with  whom  he  was  at 
variance,  to  inquire  on  what  terms  reconciliation 
and  peace  could  be  effected  between  them,  he  re 
plied,  in  a  gallant  and  generous  spirit,  in  a  few 
words :  *  The  terms  I  offer  are  the  affection  of  a  bro 
ther  and  the  Earldom  of  Northumberland';  'and,' 
said  the  envoy,  as  he  marched  up  the  hall  amid  the 
warriors  that  graced  the  state  of  the  king,  'if  Tosti, 
thy  brother,  agree  to  this,  what  terms  will  you  allow 
to  his  ally  and  friend  Hadrada  the  giant?'  'We 
will  allow,'  said  Harold,  'to  Hadrada,  the  giant, 
seven  feet  of  English  ground,  and  if  he  be,  as  they 
say,  a  giant,  some  few  inches  more ' ;  and  as  he  spake 
the  hall  rang  with  acclamation.  Sir,  in  that  spirit  I 
speak.  ...  I  will  yield  no  inch,  no  word,  to  the 
threat  of  secession  —  unconstitutional,  revolution 
ary,  dangerous,  unwise,  at  variance  with  the  heart 
and  the  hope  of  all  mankind  save  themselves"; 
but  he  went  on  to  show  how  far  the  North  would  be 
willing  to  go  to  relieve  the  South  of  apprehension 


BAKER  IN  THE  SENATE  179 

that  their  institution  was  to  be  disturbed  where  it 
was  already  protected  by  its  local  laws. 

He  then  took  up  another  of  Mr.  Benjamin's 
"wrongs":  "What  if  a  Northern  President,  just 
elected,  should  come  in  and  give  all  the  offices  to 
Northern  men,  eating  out  the  substance  of  us  of  the 
South;  what  then?  Well,  I  answer  to  that,  Wait, 
and  do  not  dissolve  the  Union  upon  a  hypothesis.  I 
might  tell  my  friend  from  Louisiana  that,  after  all, 
this  thing  of  not  having  office  is  not  so  very  hard  to 
bear.  We  Whigs  tried  it  a  long  time;  we  Republi 
cans  have  experienced  it  very  often."  Mr.  Baker 
continued:  "Sir, as  I  approach  a  close  I  am  reminded 
that  the  honorable  Senator  from  Louisiana  has  said, 
in  a  tone  which  I  by  no  means  admired, '  Now,  gen 
tlemen  of  the  North,  a  state  has  seceded;  you  must 
either  acknowledge  her  independence  or  you  must 
make  war.'  To  that  we  reply,  we  will  take  no  coun 
sel  of  our  opponents;  we  will  not  acknowledge  her 
independence.  They  say  we  cannot  make  war 
against  a  state;  and  the  gentleman  undertakes  to 
ridicule  the  difference  which  we  make  between  a 
state  and  individuals.  .  .  .  Now,  sir,  let  us  exam 
ine  for  a  minute  this  idea  that  we  cannot  make  war. 
First,  we  do  not  propose  to  do  it.  .  .  .  It  would  not 
be  very  strange  if  a  Government,  and  hitherto  a 
great  Government,  were  to  coerce  obedience  to  her 
law  upon  the  part  of  those  who  were  subject  to  her 
jurisdiction."  Mr.  Baker  then  riddled  the  assertion 
that  the  Federal  Government  could  not  continue 
to  collect  revenue,  and  showed  how  thoroughly 


180      THE  CONTEST  FOR  CALIFORNIA 

President  Jackson  had  arranged  to  do  that  very 
thing  in  the  harbor  of  Charleston  if  South  Carolina 
persisted  in  its  threat  to  nullify  the  Federal  laws. 
He  added,  "If,  from  that,  collision  come,  let  him 
bear  the  danger  who  provokes  it.  .  .  .  If  in  conse 
quence  of  an  attempt  to  violate  the  revenue  laws 
some  persons  should  be  hurt,  I  do  not  know  that  it 
will  better  their  condition  at  all  that  South  Carolina 
will  stand  as  a  stake  to  their  back."  Mr.  Baker's 
close  was  serious  and  eloquent:  "At  whatever  cost, 
by  whatever  constitutional  process,  through  what 
ever  of  darkness  and  danger  there  may  be,  let  us 
proceed  in  the  broad,  luminous  path  of  duty,  'till 
danger's  troubled  night  be  past  and  the 'star  of 
peace  return.' ' 

Senator  Baker,  observant  of  the  custom  of  mem 
bers  in  their  first  year,  refrained  from  debate  on 
most  subjects,  but  in  measures  for  the  support  of 
the  Government  in  suppressing  the  rebellion,  and 
when  bills  especially  concerning  the  Pacific  Coast 
were  discussed,  he  was  alert  and  ready.  After  more 
than  two  years  of  discussion  on  a  certain  measure, 
-  and  many  more  years  of  wasted  talk  over  the 
subject,  —  the  House  had  passed  a  bill  for  govern 
ment  support  in  constructing  a  Pacific  railroad. 
In  the  Senate  there  was,  on  the  part  of  the  seces 
sionists,  a  strong  effort  to  defeat  the  bill.  Several 
times  when  it  was  up  Senator  Baker  spoke  in  its 
favor.  He  encountered,  among  others,  Senator 
Benjamin,  who  was  shrewd  but  courteous,  and  Jeff 
Davis,  who  was  insolent.  Senator  Bragg,  of  North 


BAKER  IN  THE  SENATE  181 

Carolina,  wanted  to  amend  the  bill,  thus  making  it 
necessary  to  send  it  back  to  the  House, and  possibly, 
since  the  session  was  late,  lose  it  altogether.  Mr. 
Bragg  said:  "Whenever  I  or  any  other  gentleman 
offers  [sic]  an  amendment  here,  he  is  held  up  as  an 
enemy  of  the  bill,  and  his  purpose  is  said  to  be  to 
defeat  it." 

Senator  Baker  at  this  point  remarked:  "We 
desire  to  know  —  and  I  think  it  is  proper  and 
respectful  that  we  should  know  —  if  the  gentlemen 
will  vote  for  the  bill  at  last  if  we  put  in  their  amend 
ments.  Will  the  honorable  Senator  from  North 
Carolina  himself?"  -to  which  Senator  Bragg 
replied  that  he  would  not! 1 

General  Lane,  Senator  Baker's  colleague,  op 
posed  the  bill,  ostensibly  because  it  provided  that 
the  western  terminus  should  be  San  Francisco  in 
stead  of  some  place  further  north.  Senator  Baker, 
as  to  that  reason,  remarked:  "I  am  going  to  vote 
for  the  bill  as  it  is,  as  nearly  as  I  can,  without  any 
amendments  or  alterations;  and  I  am  going  to  do 
so  while,  as  I  believe,  I  represent  a  constituency 
further  north  than  any  other  gentleman  upon  this 
floor.  I  am  going  to  vote  against  any  material 
amendment,  or,  indeed,  any  at  all,  although  I  am 
told  that  the  northern  road  proposed  will  benefit 
the  immediate  people  whom  I  represent,  very 
greatly.  .  .  .  Quite  alive  to  the  interests  of  my 
constituents;  quite  sure  that  my  conduct  may  be 
the  subject  of  misapprehension  or  misrep resent a- 

1  Cong.  Globe,  2d  Session,  86th  Congress,  part  1,  p.  386. 


182      THE  CONTEST  FOR  CALIFORNIA 

tion;  quite  sure  that  all  that  strong  feeling  of  local 
ity  for  our  state,  our  road,  may  be  brought  to  bear 
upon  me  in  the  future;  yet,  risking  my  justification 
upon  the  idea  that  I  believe  I  am  doing  the  best  I 
can  to  promote  the  connection  between  the  Atlan 
tic  and  the  Pacific  now,  I  shall  vote  for  these  roads. 
And  if  hereafter,  here  or  elsewhere,  my  vote  may 
ever  be  brought  in  question,  I  have  but  this  to  say: 
no  man  who  can  observe  the  conditions  in  which 
this  bill  is  to-day  in  the  Senate  can  do  otherwise 
than  know  —  and  I  say,  with  emphasis,  know  — 
that  unless  we  do,  within  a  very  few  days,  pass  the 
measure  substantially  as  it  is,  we  cannot  pass  it  at 
this  session,  and  we  risk  it  forever.  Hereafter, 
whether  here  or  at  home,  I  shall  say  this  in  my 
defense  and  make  no  other."  1  For  the  railroad, 
for  the  bill  giving  it  government  support,  Senator 
Baker  spoke  earnestly  and  repeatedly. 

It  was  in  1860,  and  it  is  to-day,  the  custom 
of  some  Senators  and  Representatives  to  seek  for 
liberal  appropriations  to  be  expended  in  their  states 
or  districts  —  often  for  unworthy  objects  —  and 
then  to  go  home  and  expect  popular  approval  of 
their  conscienceless  conduct.  Senator  Baker  did  not 
belong  to  this  log-rolling  crowd.  He  was  as  desirous 
as  any  man  of  having  a  daily  overland  mail,  to  be 
conveyed  in  coaches,  but  when  appealed  to  by 
Senator  Doolittle  as  to  whether  the  amount  pro 
posed  for  the  work  in  a  pending  bill  was  too  large, 
Senator  Baker  frankly  declared  he  believed  it  was.2 

1  Cong.  Globe,  2d  Session,  36th  Congress,  part  1,  pp.  383,  384. 

2  Ibid.,  part  2,  p.  1277. 


BAKER  IN  THE  SENATE  183 

When  the  Army  Appropriation  Bill  was  under 
consideration,  Senator  Lane  offered  amendments  to 
provide  sums  to  be  expended  at  the  entrance  to  the 
Straits  De  Fuca  and  at  the  mouth  of  the  Columbia 
River  —  points  within  his  state.  Senator  Fessen- 
den,  chairman  of  the  Finance  Committee,  in  oppos 
ing  General  Lane's  propositions,  remarked:  "Every 
body  knows  that  at  the  present  time  our  ability  is 
exceedingly  small.  We  are  borrowing  money  at  a 
loss  every  day  to  live  upon,  to  continue  this  Gov 
ernment;  and  when  we  are  doing  that,  with  no  sort 
of  prospect  of  any  foreign  difficulties,  the  idea  which 
the  Committee  on  Finance  had  was  to  do  as  little 
as  possible.  .  .  .  Under  these  circumstances  I  ap 
peal  to  the  Senators  upon  the  Pacific  Coast  not  to 
urge  upon  the  Treasury  at  this  time  what  it  cannot 
bear."  Senator  Baker  instantly  expressed  his  con 
currence  in  the  sentiments  of  Mr.  Fessenden.1 
Later  Senator  Baker  said:  "I  believe  I  have  trou 
bled  the  Senate  with  no  motion  and  no  resolution 
this  winter.  I  have  felt  it  my  duty  to  vote  against 
most  of  the  appropriations  presented  for  argument. 
I  have  just  done  so,  reluctantly,  on  a  fortification 
bill.  I  did  so  upon  the  Coast  Survey  Bill.  I  have 
done  so  upon  many  measures  which  come  very 
much  home  to  my  people,  because  I  did  not  think 
the  condition  of  the  Treasury  justified  them."  2 

Senator  Baker  also  opposed  an  attempt  of 
Senator  Lane  to  secure  an  appropriation  for  paying 

1  Cong.  Globe,  2d  Session,  36th  Congress,  part  2,  p.  1213. 
8  Ibid.,  p.  1217. 


184      THE  CONTEST  FOR  CALIFORNIA 

the  Nez  Perces  Indians  for  a  portion  of  their  res 
ervation  and  for  "holding  a  treaty  with  them."  1 
However,    Senator    Baker    himself    offered    an 
amendment  to  the  bill,  to  appropriate  $50,000  for 
the  protection  of  emigrants  on  the  overland  routes 
between  the  Atlantic  Slope  and  the  Oregon  and 
Washington  frontier.    This  excited  an  animated 
debate.    Mr.  Mason,  of  Virginia  (who  did  all  he 
could  to  destroy  the  Constitution  and  the  Govern 
ment),  opposed  Senator  Baker's  proposal  because 
he  considered  it  unconstitutional !  The  venerable 
Senator  Crittenden  joined  in  the  opposition,  but 
Senator  Baker  prevailed.  His  motion  was  adopted 
by  twenty-three  votes  in  its  favor,  there  being  seven 
teen  against  it.2   On  a  bill  to  improve  the  naviga 
tion   of   Red   River,    strongly   urged   by   several 
Southern  Senators,  to  which  the  hackneyed  consti 
tutional  objection  was  raised,  Senator  Baker  stated 
his  position  as  follows:  "...  I  am  very  glad  that 
there  is  a  measure  of  this  kind  to  which  I  can  give 
my  assent;  and  I  do  it  now,  expressing  the  reason 
why  I  do  it,  as  an  evidence  that  I  am  disposed  to  do 
so  not  only  in  this  case,  but  in  all  others  where  I 
can,  in  my  poor  way,  wield  the  Constitution  as  a 
beneficent,  broad  instrument  of  good,  stimulating 
the  energy  and  enterprise  of  our  people  in  every 
section  of  the  country."  3 

On  the   twenty-second   of  January,  when  the 
withdrawal  of  Senators  from  seceding  states  was 

1  Cong.  Globe,  2d  Session,  36th  Congress,  part  2,  pp.  1145,  1146. 

2  Ibid.,  part  1,  pp.  1217,  1221.  8  Ibid.,  p.  539. 


BAKER  IN  THE  SENATE  185 

absorbing  the  attention  of  the  Senate,  Senator 
Baker  very  clearly  defined  his  view  of  the  proper 
attitude  for  the  Senate  to  take  on  the  subject. 

The  tariff  bill  being  under  discussion,  Senator 
Baker  made  the  following  statement:  "I  shall  take 
this  occasion,  Mr.  President,  in  very  few  words  to 
explain  the  principle  by  which  I  shall  be  governed 
in  voting  upon  this  measure.  Iron,  sugar,  tea,  and 
coffee  are  the  articles  which,  in  Oregon,  we  con 
sume  most  of,  and  upon  which  the  heaviest  duty 
is  laid,  so  far  as  our  interests  are  concerned.  The 
sentiment  of  the  people  there,  and  I  apprehend  upon 
the  Pacific  Coast,  is  not  in  favor  of  the  principle 
of  the  tariff.  They  incline  in  their  opinions  towards 
what  is  called  free  trade;  and  the  duty  which  we 
agree  to  have  levied  is,  in  our  judgment,  in  pursu 
ance  of  the  highest  obligation  to  the  Government  of 
the  whole  country.  We  have  looked  for  a  Pacific 
railroad;  I  believe  we  shall  not  get  it.  We  have 
looked  for  an  overland  mail.  We  are  taxing  the 
country  heavily  for  what  we  have  received  in  that 
particular,  and  we  are  looking  for  a  system  which 
will  yet  tax  it  heavily.  I  have  hoped,  and  shall  hope 
until  after  Thursday  [the  day  of  adjournment],  that 
the  debt  contracted  by  the  State  of  Oregon  for  the 
reduction  of  the  savage  foe  upon  her  frontier  will  be 
paid;  and  in  return,  actuated  by  that  expectation, 
still  hoping  that,  if  not  to-day,  or  next  year,  some 
time  before  long  that  great  highway  of  nations  will 
be  made,  and  that  debt  will  be  paid,  I  propose  at 
this  session,  loyally,  —  in  consideration  of  the  dif- 


186      THE  CONTEST  FOR  CALIFORNIA 

ficulties  under  which  the  country  is  laboring  in 
point  of  finance  and  because  we  are  in  a  state  of 
revolution,  —  I  propose,  living  distant  as  I  do,  to 
vote  for  measures  oppressive  upon  all  our  interests, 
for  the  maintenance  of  the  Government,  and  to 
afford  revenue  for  that  Government.  ...  I  trust 
gentlemen  upon  all  sides  of  the  Senate  will  remem 
ber,  who  desire  to  look  at  the  interests  of  all  sec 
tions  of  the  confederacy,  an  obligation  not  to  regard 
the  measures  which  we  propose,  lightly,  nor  to  sup 
port  them  doubtfully  or  unwillingly."  1 

Senator  Baker  predicted  that  the  product  of  wine 
in  California  would  grow  to  be  of  great  impor 
tance,  and  he  supported  a  forty  per  cent  duty  on 
imported  wines  "of  all  kinds."  He  pleaded  for  a 
duty  —  a  very  small  duty,  one  cent  a  pound,  equal 
to  about  five  per  cent  ad  valorem  —  on  wool.2  Since 
every  state  was  striving  for  tariff  provisions  to 
benefit  its  own  people,  Senator  Baker  declared  he 
felt  justified  in  trying  to  get  something  for  Oregon. 
At  one  time  he  said:  "Mr.  President,  I  once  heard  a 
great  judge  say  that,  next  to  doing  justice,  the  best 
thing  was  to  appear  to  do  it.  Now,  I  do  not  know 
that  a  duty  of  one  cent  a  pound  on  wool  will  kill  the 
manufacturers,  or  will  make  the  farmers  of  the  West 
or  of  Oregon  rich,  but  it  will  let  some  of  them  know 
that  we  are  here  thinking  about  it;  and  I  earnestly 
hope  we  may  be  considered,  and  that  Senators  will 

1  Cong.  Globe,  2d  Session,  36th  Congress,  part  2,  p.  994. 

2  The  special  session  of  Congress  in  1911  proposed  to  reduce  the 
tariff  on  wool  to  twenty-nine  per  cent! 


BAKER  IN  THE  SENATE  187 

give  us  a  duty  of  five  per  cent.  I  do  not  think  it 
will  ruin  Massachusetts.  I  have  better  faith  in 
her."  * 

Replying  to  Senator  Henry  Wilson,  of  Massa 
chusetts,  Senator  Baker  said,  "I,  as  a  Whig,  in 
old  times,  understanding  a  little  of  the  principles 
of  a  tariff  and  very  little  of  the  details,  used  to 
argue  with  the  distinguished  Senator  from  Illinois 
(Mr.  Douglas)  in  the  presence  of  a  great  many 
people,  to  make  them  believe  that  the  way  to  have 
things  that  they  wanted  to  eat,  to  drink,  and  to 
wear,  very  cheap,  was  to  put  a  very  high  duty  on 
them  [laughter].  Well,  I  reasonably  believed  that 
then  and  I  reasonably  believe  it  now;  that  is,  I  be 
lieve  that  in  the  infancy  of  a  manufacture  you  may 
really  help  the  country  by  laying  a  protective  tariff 
in  its  favor.  I  believe,  moreover,  that  protection 
is  sufficient  when  you  give  the  revenue  duty  upon 
the  proposed  article.  I  am  content  with  that;  and 
I  am  trying  to  protect  the  manufacturers  of  the 
country  by  raising  revenue  by  a  tariff,  discriminat 
ing  as  I  do.  That  being  so,  it  would  be  very  hard 
for  me  to  go  home  and  tell  my  people  that  Senator 
Wilson  convinced  me  that,  in  the  case  of  wool,  the 
only  thing  we  raise  and  care  much  about,  the  way 
to  get  the  better  price  for  it  is  to  have  no  duty  at 
all."2 

Senator  Baker  had  an  animated  and  somewhat 
amusing  passage  with  Senator  Sumner  on  the  wis- 

1  Cong.  Globe,  2d  Session,  36th  Congress,  part  2,  p.  1026. 

2  Ibid.,  p.  1026. 


188      THE  CONTEST  FOR  CALIFORNIA 

dom  of  laying  a  duty  on  old  books.  Mr.  Sumner 
declared  it  would  be  "a  tax  on  knowledge."  Mr. 
Baker  thought  old  books,  rare  editions,  were  but 
little  used  for  imparting  knowledge.  He  would  treat 
them  as  luxuries,  and,  while  the  Government  was 
seeking  in  all  directions  subjects  of  taxation,  he 
would  place  a  revenue  duty  on  Mr.  Simmer's  old 
editions.  The  Senate  concurred  in  Senator  Baker's 
view  by  a  vote  of  twenty-four  to  twelve. 

On  the  twenty -sixth  of  February  Senator  Baker 
made  an  important  statement  of  his  position  on  a 
question  of  great  moment  at  that  time.  He  said: 
"I  hold  myself  bound  by  the  events  of  the  last  two 
years  on  the  Pacific  Coast  to  vote  in  favor  of  what 
is  called  '  popular  sovereignty,'  so  far  as  it  may  be 
regarded  as  a  measure,  not  a  principle;  and  therefore 
if,  in  any  territorial  bill,  the  direct  question  comes 
up,  Shall  Congress  delegate  to  the  people  of  a  terri 
tory  the  power  to  determine  the  question  of  slavery 
as  of  other  subjects,  I  shall  feel  myself  bound  to 
vote  in  favor  of  that  delegation,  saying  at  the  same 
time  that  I  believe  Congress  has  the  undoubted 
power  of  prohibiting  slavery  in  any  territory  of  the 
United  States." l 

It  is  very  certain  that  Senator  Baker  felt  com 
plete  confidence  that  "Popular  Sovereignty"  as  a 
method  would  never  fasten  slavery  upon  any  new 
state. 

On  the  twenty -second  of  February  a  bill  for  the 
payment  of  expenses  incurred  by  the  State  of  Cali- 
1  Cong.  Globe,  2d  Session,  36th  Congress,  part  2,  p.  1206. 


BAKER  IN  THE  SENATE  189 

fornia  some  years  before,  in  the  suppression  of  Indian 
hostilities,  was  before  the  Senate.  Senator  King,  of 
New  York,  opposed  it,  using  some  tart  expressions, 
and  concluding  his  remarks,  "For  these  general  rea 
sons, — not  because  I  know  much  about  these  par 
ticular  claims,  but  because  I  do  not  know  that  they 
are  due  and  ought  to  be  paid,  — I  shall  vote  against 
the  bill."  There  were  but  a  few  moments  for  re 
ply,  then  another  matter  would  become  the  spe 
cial  order,  and  Senator  Baker  in  speaking  was  very 
pointed  and  less  gracefully  courteous  than  usual.1 

When  the  venerable  Senator  John  J.  Crittenden, 
of  Kentucky,  fathered  in  the  Senate  and  advocated 
constitutional  amendments  approved  by  a  conven 
tion  of  delegates  from  many  states,  —  proposals 
designed  for  the  purpose  of  conciliating  the  Border 
States  and  holding  them  to  their  allegiance,  and, 
some  hoped,  even  to  recover  some  of  the  states  that 
had  seceded,  —  Senator  Baker  stood  almost  alone 
among  the  Republicans  in  favor  of  submitting  the 
proposed  amendments  to  the  people  of  the  coun- 
try. 

Speaking  of  the  convention  that  had  just  been 
held,  he  said:- 

6 'Twenty  states  assembled  in  what  is  called  the 
'Peace  Convention.'  They  recommend  to  us,  in 
times  of  great  trial  and  difficulty,  the  passage  of 
these  resolutions.  They  are  eminent  men;  they  are 
able  men;  they  are — very  many  of  them,  at  least  — 
great  men;  they  have  been  selected  by  the  states 

1  Cong.  Globe,  2d  Session,  36th  Congress,  part  2,  pp.  1213,  1214. 


190      THE  CONTEST  FOR  CALIFORNIA 

which  they  respectively  represent  because  of  their 
purity  of  character  and  ability.  The  country  is  in 
great  trouble.  Six  states  have  seceded;  and  I  am 
told  by  very  many  men  in  whom  I  have  great  con 
fidence  that  their  states  are  to-day  trembling  in  the 
balance.  I  believe  it.  I  am  told  —  and  upon  that 
subject  I  have  not  yet  made  up  my  mind  —  that 
the  adoption  of  this  measure  by  the  people  will 
heal  the  differences  with  the  Border  States.  I  do  not 
believe  that  I  can  do  wrong,  therefore,  in  giving  the 
people  of  the  whole  Union  a  chance  to  determine 
these  questions. 

"Mr.  President,  we  sometimes  mistake  our  opin 
ions  for  our  principles.  I  am  appealed  to  often; 
it  is  said  to  me, '  You  believed  in  the  Chicago  Plat 
form.'  Suppose  I  did?  'Well,  this  varies  from  the 
Chicago  Platform.'  Suppose  it  does?  I  stand  to 
day,  as  I  believe,  in  the  presence  of  greater  events 
than  those  which  attend  the  making  of  a  President. 
I  stand,  as  I  believe  at  least,  in  the  presence  of 
peace  and  war;  and  if  it  were  true  that  I  violate 
the  Chicago  Platform,  the  Chicago  Platform  is  not 
a  Constitution  of  the  United  States  to  me.  If 
events,  if  circumstances,  change,  I  will  violate  it, 
appealing  to  my  conscience,  to  my  country,  and 
to  my  God,  to  justify  me  according  to  the  motive." 
[Applause  in  the  galleries.] 

•  Mr.  Baker  then  explained  his  understanding  of 
the  effects  of  the  compromise  propositions:  - 

"  Mr.  President,  I  should  have  been  exceedingly 
pleased,  as  a  partisan  and  a  man,  if  the  inaugura- 


BAKER  IN  THE  SENATE  191 

tion  of  Mr.  Lincoln  could  have  been  one  at  which 
all  the  states  would  attend  with  the  old  good  feel 
ing  and  with  the  old  good  humor.  I  have  seen  six 
states  separate  themselves,  as  they  say,  from  us, 
and  form  a  new  Confederacy,  —  with  great  pain 
and  greater  surprise.  I  cannot  shut  my  eyes,  if  I 
would,  to  the  existing  state  of  things.  I  listen  to 
the  warning  of  my  friend  from  Kentucky.1  I  listen 
to  the  warning  of  my  friend  from  Tennessee.2  I  have 
been  in  both  states.  I  know  something  of  their 
people.  I  believe  that  there,  even  there,  the  Union 
is  in  danger;  and  I  believe  if  we  break  up  here  with 
out  some  attempt  to  reconcile  them  to  us,  and  us 
to  them,  many  of  the  predictions  of  friends  and 
foes  as  to  the  danger  will  be  accomplished. 

"I  said  in  the  earlier  period  of  the  session  —  I 
repeat  it  — I  would  yield  nothing  to  secession.  .  .  . 
But  to-day  the  case  is  altered.  Virginia,  Ken 
tucky,  Tennessee  reiterate  their  love  for  the  Union. 
...  It  is  from  them  I  would  take  counsel  and 
advice;  and  now  they  tell  me,  'Pass  these  resolu 
tions.'.  .  .  I  agree;  with  all  my  heart  I  will  do 
it.  ... 

"Besides,  sir,  what  else  can  I  do?  As  I  sit  down, 
let  me  ask  Senators  upon  every  side,  what  else  can 
any  of  us  do?  Shall  we  sit  here  for  three  months 
when  petition,  resolution,  public  meeting,  speech, 
acclamation,  tumult,  is  heard,  seen,  and  felt  on 
every  side,  and  do  nothing?  Shall  state  after  state 
go  out  and  not  warn  us  of  danger  ?  Shall  Sen- 

1  Mr.  Crittenden.  z  Mr.  Johnson. 


192      THE  CONTEST  FOR  CALIFORNIA 

ators  and  Representatives,  patriotic,'  eloquent, 
venerable,  tell  us,  again  and  again,  of  danger  in 
their  states,  and  we  condescend  to  make  no  re- 

ply?" 

Mr.  Baker  spoke  on  the  following  day,  and  yet 
again,  with  the  deepest  earnestness,  urging  that 
the  constitutional  amendments  proposed  should  be 
submitted  to  the  people  of  the  entire  country. 
His  position  was  attacked  by  Senator  Trumbull 
and  Senator  Baker  vigorously  responded. 

On  the  fourth  of  March,  1861,  when  James  Buch 
anan  retired  from  the  Presidency  and  Abraham 
Lincoln  appeared  to  take  the  oath  of  office,  there 
were  circumstances  of  remarkable  interest  asso 
ciated  with  the  formal  exercises.  Mr.  Lincoln  en 
tered  the  Senate  Chamber  on  the  arm  of  President 
Buchanan,  escorted  by  Senators  Foot,  Pearce, 
and  Baker.  The  procession  of  Senators  and  other 
dignitaries  moved  to  the  central  portico  of  the 
Capitol,  where  a  vast  concourse  awaited  the  event. 
Mr.  Lincoln  was  wearing  a  silk  hat.  As  he  removed 
it,  preparatory  to  addressing  the  people,  he  looked 
for  a  place  to  put  it.  On  the  instant  Senator  Doug 
las,  his  antagonist  in  many  hard-fought  political 
battles,  his  rival  in  the  national  contest  that  re 
sulted  in  his  election  to  the  Presidency,  relieved 
Mr.  Lincoln  of  the  hat  and  held  it  during  the 
delivery  of  the  inaugural  address.  "To  Senator 
Baker  was  awarded  the  chief  honor  of  the  occasion, 
-  after  Mr.  Lincoln,  —  and  stepping  quickly  to 
the  front,  his  silvery  voice  rang  out  over  the  multi- 


BAKER  IN  THE  SENATE  193 

tude  with  these  simple  words:  'Fellow  citizens,  I 
introduce  to  you  Abraham  Lincoln,  the  President 
of  the  United  States  of  America.'"1 

1  The  sentences  in  quotation  marks  are  from  L,  E.  Chittenden's 
Recollections. 


CHAPTER  XI 

SILENCE  AND  ERRORS  OF  HISTORIANS  —  THE 
SECESSION  JPERIL  IN  CALIFORNIA  —  SENATOR 
BAKER'S  INFLUENCE  AT  WASHINGTON  —  GEN 
ERAL  SUMNER  SUPERSEDES  GENERAL  JOHNSTON 
—  THE  CRISIS  PASSED 

THE  perilous  state  of  affairs  on  the  Pacific  Slope 
in  1861  has  been  partly  set  forth  in  earlier  chap 
ters.  Further  evidence  shall  presently  appear.  It 
will  be  interesting  to  note  how  little  the  "history 
books"  have  to  say  on  the  subject  and  how  incor 
rect  much  of  that  little  is. 

Von  Hoist's  "Constitutional  History  of  the 
United  States"  does  not  comprehend  the  seces 
sion  movement  in  its  scope:  it  drops  California  at 
the  year  1848.  George  Ticknor  Curtis's  work,  with 
a  title  similar  to  the  German  Professor's,  contains 
nothing.  "American  History  Told  by  Contempo 
raries,"  edited  by  Albert  Bushnell  Hart,  has  not 
a  word.  "The  American  Nation,  A  History,"  of 
which  Professor  Hart  is  the  editor,  is  equally  silent, 
if  the  index  may  be  relied  on.  In  the  same  writer's 
work,  "National  Ideas  Historically  Traced,"  no 
idea  is  traced  to  or  from  California  or  Oregon. 
McMaster's  "History  of  the  People  of  the  United 
States,"  so  far  as  the  people  on  the  Western  Coast 
are  concerned,  stops  twelve  years  short  of  the  criti- 


THE  CRISIS  PASSED  195 

cal  period.  Woodrow  Wilson,  although  his  "His 
tory  of  the  American  People"  undertakes  to  nar 
rate  the  events  of  the  Civil  War,  is  oblivious  of 
the  Pacific  States  as  having  borne  any  relation  to 
that  mighty  conflict.  "The  History  of  the  United 
States,"  by  William  Cullen  Bryant  and  Sydney 
Howard  Gay,  purports  to  describe  "the  long  pe 
riod  from  the  first  discovery  of  the  Western  Hemi 
sphere  by  the  Northmen  to  the  end  of  the  Civil 
War,"  but  it  contains  no  mention  of  California 
and  Oregon  as  concerned  with  the  struggle.  In 
his  spirited  "History  of  the  American  Conflict" 
Horace  Greeley  makes  no  mention  of  California 
and  Oregon  as  participants  in  the  conflict,  although 
Mr.  Greeley  knew  that  there  was  such  a  section, 
for  he  had  visited  it.  "  American  Political  History,5 ' 
by  Alexander  Johnson,  excludes  the  Pacific  Coast 
from  all  part  in  that  history.  However,  the  au 
thor  is  aware  of  the  existence  of  Senator  Baker, 
whom  he  quotes  on  the  subject  of  reconstruction, 
Baker  having,  before  his  death  in  1861,  outlined 
the  policy  initiated  by  President  Lincoln  after  the 
Government  armies  had  expelled  the  rebel  forces 
from  some  of  the  Southern  States.  :<  The  United 
States,  A  History,"  by  Edwin  Earle  Sparks,  comes 
up  to  the  year  1900,  but  says  nothing  relative  to 
the  Pacific  Slope  during  the  secession  period  or 
in  the  Civil  War.  In  Benson  J.  Lossing's  "Illus 
trated  History  of  the  Civil  War,"  also,  there  is  no 
thing;  but  the  author  contrives  to  refer  to  Senator 
Baker  as  "a  prominent  Democrat."  "The  His- 


196      THE  CONTEST  FOR  CALIFORNIA 

tory  of  the  United  States,"  by  James  Schouler, 
disposes  of  the  period  of  agitation  with  the  remark 
that  "a  rising  man  here  in  politics  was  Broderick, 
who  had  bossed  a  fire-engine  in  New  York  City, 
and  whose  father,  a  stone-cutter  at  Washington, 
had,  it  was  said,  dressed  some  of  those  stony  pillars 
in  the  Chamber  where  his  son  was  destined  to  sit 
as  a  senator." l  Mr.  Schouler  comprehends  the  war 
time  in  the  statement  that  "the  Pacific  Coast 
States  of  California  and  Oregon  were  so  utterly 
beyond  the  range  of  military  operations  that  filial 
love  furnished  the  only  pledge  of  abiding  loyalty 
to  the  Union  through  the  four  years  of  trial."2 
General  Sumner's  testimony  was  different.  Then 
there  is  a  book  in  several  volumes  called  "History 
of  the  United  States,"  by  one  Henry  William  El- 
son.  It  narrates  some  occurrences  as  recent  as 
President  Roosevelt's  time,  but  its  author  appears 
to  have  been  ignorant  of  affairs  in  California  sub 
sequent  to  the  state's  admission  to  the  Union.  His 
one  mention  of  Colonel  Baker,  describing  the  cir 
cumstances  of  that  noble  patriot's  death,  is  a 
coarse  and  heartless  libel.  The  Latin  proverb  that 
it  is  sweet  and  honorable  to  die  for  one's  country 
has  for  centuries  expressed  the  sentiment  of  civi 
lized  men.  Mr.  Elsonis  the  exponent  of  a  contrary 
view. 

The  writers  who  have  made  California  and  the 
Pacific  Coast  their  especial  theme  have  known 
something  about  the  situation  in  the  years  of  dan- 
1  Vol.  v,  p.  266.  2  Vol.  vi,  p.  90. 


THE  CRISIS  PASSED  197 

ger.  Hittell,  referring  to  the  governor  whose  term 
began  in  1860,  remarks,  "Downey's  unionism  was 
not  of  the  kind  by  which  the  Union  could  be  pre 
served."  x  The  same  writer  quotes  from  a  speech 
by  John  B.  Weller,  who  had  been  governor  and  a 
Representative  at  Washington,  this  significant  dec 
laration:  "I  do  not  know  whether  Lincoln  will  be 
elected  or  not.  But  I  do  know  that  if  he  is  elected, 
and  if  he  attempts  to  carry  out  his  doctrines, 
the  South  will  surely  withdraw  from  the  Union, 
and  I  should  consider  them  less  than  men  if  they 
did  not."2  The  historian  states  that  Union  reso 
lutions  were  adopted  by  the  legislature  in  1861 
"by  an  almost  unanimous  vote,"  but  he  informs  us 
that  in  the  same  legislature  Mr.  Weller  received 
twenty-seven  votes  for  United  States  Senator,  and 
John  Nugent,  who  was  of  the  same  school  of  poli 
tics,  received  nine.  Hubert  Howe  Bancroft's  "His 
tory  of  the  Pacific  States"  is  recognized  as  an 
invaluable  compilation.  Some  of  the  volumes  de 
voted  to  California  contain  many  facts  relating  to 
the  secession  movement,  —  many,  though  by  no 
means  all  or  nearly  all;  but  they  are  so  distributed, 
and  so  associated  with  various  contexts,  as  to  be 
deprived  of  their  convincingness.  Instead  of  being 
marshaled  in  orderly  array,  they  are  unorganized, 
and  many  of  them  are  relegated  to  the  unsuitable 
obscurity  of  footnotes.  Mr.  Elaine  evidently  knew 
something  about  the  case.  He  says,  "Jefferson 
Davis  had  expected,  with  a  confidence  amounting 
1  Hittell,  vol.  iv,  p.  271.  2  Ibid.,  p.  274. 


198      THE  CONTEST  FOR  CALIFORNIA 

to  certainty,  and  based,  it  is  believed,  on  personal 
pledges,  that  the  Pacific  Coast,  if  it  did  not  ac 
tually  join  the  South,  would  be  disloyal  to  the 
Union."1 

Professor  Royce  has  given  us  an  excellent  short 
history  of  California  in  the  decade  from  1846  to 
1856.  He  remarks  that  "the  prevalence  of  dis 
union  sentiments  among  certain  classes  of  the 
pioneers  in  the  years  before  the  war  would  form  an 
interesting  topic  for  a  special  research."  2  It  is  re 
grettable  that  one  so  eminently  fitted  for  the  task 
has  not  undertaken  it.  It  is,  perhaps,  more  to  be 
regretted  —  certainly  unfortunate  —  that  Profes 
sor  Royce  should,  without  research,  have  projected 
five  years  beyond  the  period  allotted  to  his  book  a 
declaration  that  "California  seemed  at  the  outset 
[of  the  rebellion]  a  trifle  in  danger,"  but  that  the 
state  "really  could  not  have  been  led  out  of  the 
Union  by  the  most  skillful  of  party  leaders." 3  The 
Professor  tells  us  that  California  "gained,  by  the 
consent  of  the  Government,  an  exemption  from  the 
direct  burdens  of  the  war,"  and  adds  that  many  of 
the  citizens  of  the  state  "did  indeed  take  personal 
part  on  one  side  or  the  other.  But  they  left  the 
state  to  do  so,  and  at  home  all  remained  tranquil."  4 
James  Ford  Rhodes,  whose  copious  "History  of  the 
United  States"  (1904)  is  otherwise  barren  of  infor 
mation  on  this  subject,  says,  —  almost  superflu 
ously  referring  to  Royce  as  his  authority,  —  "At  the 

1  Twenty  Years  of  Congress,  vol.  i,  p.  308.    . 

2  Royce,  p.  456.  3  Ibid.,  pp.  498,  499.          4  Ibid.,  p.  499. 


THE  CRISIS  PASSED  199 

outbreak  of  the  war  it  had  seemed  that  she  [Califor 
nia]  was  in  danger  of  joining  the  South,  but  she 
speedily  espoused  the  Union  cause,  although  for 
reasons  satisfactory  to  the  Washington  Govern 
ment  she  did  not  furnish  any  troops  for  the 
Northern  Army."  1  Now,  as  I  myself  helped  to 
raise  a  company  of  volunteers  in  Marysville,  Cali 
fornia,  responsive  to  President  Lincoln's  call,  I 
knew  these  statements  of  two  historians  to  be  in 
correct.  The  slighting  reference  to  the  peril  of  1861 
is,  I  trust,  disposed  of  on  other  pages.  The  state 
ments  that  California  was  exempt  from  "the  direct 
burdens  of  the  war"  and  that  the  state  "did  not 
furnish  any  troops"  for  the  Union  Army  are  blun 
ders  I  will  correct  right  here.2  The  Adjutant-Gen 
eral  of  the  United  States,  on  the  seventh  of  June, 
1911,  wrote  me  as  follows:  "From  this  statement 

1  Rhodes,  vol.  v,  pp.  255,  256.  Why  "Washington  Government" 
instead  of  "the  Government"?  And  why  "Northern  Army"  instead 
of  "Union  Army"?  —  E.  R.  K. 

2  I  have  been  shocked  at  the  mistakes  in  histories  and  works  of 
reference.     There  is  scarcely  a  biographical  encyclopaedia  in  the 
Public  Library  of  New  York  City  that  does  not  err  in  some  particular 
relative  to  General  Baker.   The  Political  Register  and  Congressional 
Directory  (1878),  by  Ben:  Perley  Poore,  states  that  General  Baker 
"  removed  to  Oregon  in  1861  and  was  elected  United  States  Senator 
from  that  State,  taking  his  seat  Dec.  5, 1860 ! "  The  new  edition  of  the 
Encyclopedia  Britannica,  article,  "California,"  disposes  of  the  seces 
sion  project  in  half  a  sentence:  "On  the  eve  of  the  Civil  War  it  [the 
Gwin  party]  considered  the  scheme  of   a  Pacific  republic."     The 
Britannica  also  states  that  Senator  Broderick  "declared  in  1860  for 
the  policy  of  the  Republican  Party."  Broderick  died  Friday  morn 
ing,  September  16, 1859,  never  having  declared  for  the  policy  of  the 
Republican  Party.  —  E.  R.  K. 


200      THE  CONTEST  FOR  CALIFORNIA 

[a  printed  compilation  that  accompanied  the  Adju 
tant-General's  letter]  it  appears  that  the  number  of 
men  furnished  by  California  during  that  war  was 
15,725.  It  should  be  borne  in  mind,  however,  that 
this  number  represents  enlistments  (credits)  and 
not  the  actual  number  of  individuals  in  service, 
which  latter  has  never  been  officially  determined, 
no  compilation  of  enlistments  having  been  made. 
It  is  estimated  by  this  office,  however,  that  the 
number  of  individuals  from  California  in  service  in 
the  Union  Army,  Navy,  and  Marine  Corps  during 
that  war  was  12,528."  For  the  year  1861  Califor 
nia's  share  of  the  Federal  War  Tax  was  $254,538, 
which  was  promptly  paid  in  one  sum  by  vote  of  the 
legislature.  The  state  also  paid  $200,000  as  the 
cost  of  military  encampments.1  Nor  were  these  all 
the  burdens  the  state  cheerfully  bore  after  the  loyal 
revival;  but  they  are  enough  for  the  present 
purpose. 

Now,  let  us  return  to  the  matter  of  the  secession 
movement,  conspiracy,  project,  plot,  or  what  you 
will.  There  have  always  been  facts  enough;  it  was 
requisite  only  for  historians  to  trace  them  to  their 
resting-places.  Mr.  McDougall  was  speaking  in  the 
United  States  Senate  in  January,  1862,  the  question 
being  on  the  expulsion  of  Senator  Bright,  of  In 
diana,  for  treason.  Mr.  Bright  had  given  a  man 
who  had  superior  weapons  for  sale  a  letter  of  intro 
duction  to  Jeff  Davis,  head  of  a  government  at  war 
with  ours.  The  California  Senator  said  the  letter 

1  Bancroft,  vol.  vn,  pp.  294,  295. 


THE  CRISIS  PASSED  201 

"was  written  at  a  time  when  we  \vere  at  war.  Yes, 
I  was  at  war  in  California  in  January  last.  In  the 
maintenance  of  opinions  that  I  am  now  maintain 
ing  I  had  to  go  armed  to  protect  myself  from  vio 
lence.  The  country,  wherever  there  was  contro 
versy,  was  agitated  to  its  deepest  foundations.  That 
is  known;  perhaps  not  to  gentlemen  \vho  live  up  in 
Maine  or  Massachusetts,  or  where  you  are  foreign 
to  all  this  agitation;  but  known  to  all  people  where 
disturbances  might  have  been  effective  in  conse 
quence.  I  felt  it,  and  had  to  carry  my  life  in  my 
hands  by  the  month,  as  did  my  friends  surround 
ing  me.  I  saw  that  all  through  last  winter  war  had 
been  inaugurated  in  all  these  parts  of  the  coun 
try  where  disturbed  elements  could  have  efficient 
result."  l 

The  Honorable  James  W.  Nesmith,  United  States 
Senator  from  Oregon,  writing  to  a  leading  Califor- 
nian  on  the  twenty-fifth  of  August,  1861,  relative  to 
the  approaching  state  election  in  California,  said: 
"I  am  only  speaking  what  I  know  when  I  say  that 
an  effort  is  being  made  by  the  McConnell  party  2 
to  revolutionize  the  state.  .  .  .  The  disunionists, 
for  the  most  part,  are  the  most  desperate  men  in 
the  state,  and  are  banding  together  in  secret  so 
cieties.  They  want  to  make  California  what  Mis 
souri  is  at  this  moment.  ...  If  California  swerves 
from  her  allegiance,  the  defection  will  doubtless 

1  Cong.  Globe,  2d  Session,  37th  Congress,  part  1,  pp.  583,  584, 
585. 

*  McConnell  was  the  Lecompton-Gwin  candidate  for  governor. 


202      THE  CONTEST  FOR  CALIFORNIA 

extend  throughout  this  entire  Western  section  of 
our  country."  l 

Justice  Field,  from  whose  reminiscences  quota 
tions  have  been  made,  in  closing  his  narrative 
briefly  refers  to  a  number  of  subjects,  personal  and 
public,  which  under  other  circumstances  he  might 
have  described,  and  makes  the  following  significant 
•'  statement:  "I  could  have  recounted  the  efforts 
made  in  1860  and  1861  to  keep  the  state  in  the 
Union  against  the  movements  of  the  secessionists, 
and  the  communications  had  with  President  Lin 
coln  by  relays  of  riders  over  the  Plains."  2 

There  were,  undoubtedly,  others  than  Judge 
Field  who  were  more  or  less  aware  of  the  operations 
of  the  secessionists  and  who  communicated  their 
fears  to  the  loyal  authorities  in  Washington.  For 
tunately  there  was  one  man  fully  alert  to  the  immi 
nent  gravity  of  the  situation  and  in  position  to  make 
his  knowledge  serve.  Directly  Mr.  Lincoln  had 
taken  up  the  duties  of  the  Presidency,  Senator 
Baker  called  at  the  White  House,  where  he  was 
always  treated  almost  as  a  member  of  the  houshold, 
and  explained  the  importance  of  sending  a  loyal 
man  of  high  military  rank  to  relieve  General 
Johnston  in  the  command  of  the  Department  of  the 
Pacific.  Seven  states  had  already  seceded,  and  ener 
getic  efforts  were  being  made  to  persuade  others  to 
follow.  Baker  knew  that  such  efforts  would  include 
—  did  already  include  —  in  their  baleful  influence 

1  San  Francisco  Herald,  August  26, 1861. 

2  Early  Days  in  California,  p.  124. 


THE  CRISIS  PASSED  203 

the  states  and  territories  of  the  Pacific  Slope. 
General  Scott,  loyal  to  the  last  drop  of  his  blood, 
was  at  the  head  of  the  Army,  but  he  still  believed 
in  the  fidelity  of  General  Johnston.  Later,  Scott 
issued  orders  for  Johnston's  arrest.  But  in  the 
crucial  moment  there  was  apprehension  that  Gen 
eral  Scott's  confidence  in  General  Johnston  might 
enable  the  secessionists  to  effect  their  desperate 
designs.  Senator  Baker  realized  the  responsibility 
resting  upon  him  and  undertook  his  task  promptly 
and  earnestly. 

The  personal  friendship  existing  between  Lincoln 
and  Baker  has  been  described.  Incidents  that  oc 
curred  about  this  time  show  the  close  official  rela 
tions  between  the  Senator  and  the  President.  On 
the  thirtieth  of  March  the  President,  who  was  to 
receive  a  delegation  of  Californians  respecting  cer 
tain  appointments  in  their  state,  invited  Senator 
Baker  to  breakfast  with  him.  The  invitation  was 
accepted,  and  after  breakfast  the  President  asked 
the  Senator  to  walk  with  him  to  his  reception  room, 
where  the  delegation  of  Californians  was  to  have  its 
hearing.  Baker  accordingly  accompanied  the  Presi 
dent,  and  a  large  number  of  Californians  represent 
ing  different  factions  were  soon  in  the  presence  of 
the  President  and  the  Oregon  Senator.  Mr.  James 
W.  Simonton,  one  of  the  editors  of  the  San  Fran 
cisco  "Bulletin,"  representing  an  Anti-Baker  fac 
tion,  presented  to  the  President  a  protest  against 
the  right  of  Senator  Baker  to  be  heard  in  regard  to 
the  appointments  in  California.  Mr.  Simonton 


204      THE  CONTEST  FOR  CALIFORNIA 

then  read  an  address  to  the  President,  said  to  have 
been  couched  in  disrespectful  language.  It  was 
exceedingly  severe  upon  several  citizens  of  Cali 
fornia  who  were  known  friends  of  Colonel  Baker 
and  were  in  favor  of  Mr.  Birdseye  for  Collector  of 
the  Port  of  San  Francisco.  After  Mr.  Simonton  had 
concluded  his  reading,  the  President  took  his  manu 
script,  and,  crushing  it  in  his  hand,  threw  it  into  the 
fire,  and  then,  turning  to  the  Californians,  said,  "I 
will  destroy  this  in  the  presence  of  the  parties  who 
bore  it.  The  protest  is  more  respectful,  and  that  I 
will  file  for  consideration.  Colonel  Baker  I  have 
known  for  twenty -five  years.  He  is  my  friend. 
This  attack  upon  him  is  unjust,  and  not  borne  out 
by  the  facts."  He  then  intimated  to  the  protest  ants 
that  they  could  go.  A  large  number  of  the  friends 
of  Colonel  Baker,  mistrusting  what  was  going  to 
happen,  took  occasion  to  be  on  hand.  Of  course, 
they  were  indignant,  and  some  of  them  denounced 
the  protestants  one  by  one  as  they  passed  out  of  the 
Executive  Mansion.  Bancroft,  who  seldom  men 
tions  Baker  without  some  disparaging  remark,  en 
tirely  misrepresents  the  Senator's  presence,  calling 
it  an  "intrusion,"  and  says  that  "Lincoln,  with  his 
usual  good  sense,  put  an  end  to  the  quarrel  by  giv 
ing  the  Californians  their  choice."  1 

The  fact  is  that  Senator  Baker  and  Messrs. 

Lei  and  Stanford,  John  Satterlee,  C.  Wattrous,  and 

Judge  Mott  had  a  second  and  protracted  interview 

with  the  President  in  the  afternoon,  when  a  com- 

;    l  Bancroft,  vol.  vn,  p.  292. 


THE  CRISIS  PASSED  205 

promise  was  effected  according  to  which  Senator 
Baker  and  Messrs.  Stanford  and  Satterlee  were 
constituted  a  committee  upon  whose  recommenda 
tion  the  California  appointments  were  made.1 

During  the  autumn  an  unusual  if  not  an  un 
paralleled  order  issued  from  the  Headquarters  of 
the  Army  at  the  National  Capital.  Adjutant- 
General  Thomas,  ignoring  the  Governor  of  Oregon, 
wrote  to  three  loyal  citizens  of  the  state,  —  Colonel 
Thomas  R.  Cornelius,  Hon.  B.  F.  Harding,  and 
R.  F.  Maury,  Esq.,  authorizing  them  "to  raise  for 
the  service  of  the  United  States  one  regiment  of 
mounted  troops,"  and,  after  instructions  as  to 
officers  and  equipments,  added,  "Unless  otherwise 
ordered,  you  will  be  governed  by  any  directions 
sent  to  you  by  Colonel  E.  D.  Baker."  2 

Could  there  be  more  convincing  evidence  of  the 
absolute  and  implicit  confidence  in  Senator  Baker 
at  the  capital?  Such  an  order  would  not  have  been 
likely  to  originate  with  an  officer  of  the  Regular 
Army.  Evidently  it  came  from  some  one  not  afraid 
to  do  an  unprecedented  act;  some  one  who  knew 
Colonel  Baker  well  enough  to  delegate  such  author 
ity  to  him.  That  one  could  have  been  none  other 
than  Abraham  Lincoln.  The  project  must  have 
arisen  in  the  mind  of  some  person  acquainted  with 
conditions  in  Oregon,  aware  of  the  needs  of  the 
loyalists,  and  able  to  name  safe  and  true  men.  We 

1  These  facts  are  summarized  from  a  dispatch  in  the  New  York 
Herald,  March  31,  1861. 

2  Rebellion  Records,  series  I,  vol.  I,  part  1,  p.  622. 


206      THE  CONTEST  FOR  CALIFORNIA 

are  not  left  to  conjecture.  Adjutant  -  General 
Thomas,  communicating  with  the  three  men  ap 
pointed,  wrote,  "Acting  upon  the  strong  recom 
mendation  of  the  Honorable  E.  D  Baker,  Senator 
from  Oregon,  the  Department  relies  confidently 
upon  the  prudence,  patriotism,  and  economy  with 
which  you  will  execute  this  trust."  1 

It  was  this  faithful  Senator  who  had  undertaken 
to  defeat  the  secession  conspiracy  to  dislodge  Cali 
fornia  and  Oregon.  Day  after  day  he  urged  imme 
diate  action.  There  are  men  still  living  who  knew 
Baker  —  knew  how  impatient  he  became  when 
affairs  did  not  move  with  the  celerity  he  desired. 
This  was  the  most  grave  and  important  matter  in 
which  he  had  ever  been  concerned,  and  he  grew  in 
sistent.  The  President  had  absorbing  demands  on 
his  time  and  thoughts  from  other  states  and  from 
many  other  men.  /For  Baker  there  was  one  su 
preme  demand,  — that  Johnston  should  be  removed 
and  the  army  forces  on  the  Pacific  Coast  be  subject 
to  the  orders  of  a  loyal  man.  Finally,  a  fortnight 
after  the  inauguration,  General  Scott  wrote  to 
Brigadier-General  E.  V.  Sumner  to  prepare  to  sail 
for  California,  "to  be  gone  some  time."  2  The  fol 
lowing  day  a  formal  order  was  confidentially  issued 
to  General  Sumner  directing  him  to  "without  delay 
repair  to  San  Francisco  and  relieve  Brevet-Briga 
dier-General  Johnston  in  command  of  the  Depart 
ment  of  the  Pacific."  3/  General  Sumner  was  in- 

1  Rebellion  Records,  series  L,  vol.  L,  part  1,  p.  633. 
8    Ibid.,  p.  455.  3  Ibid.,  p.  456. 


THE  CRISIS  PASSED  207 

structed  to  leave  his  orders  sealed  until  he  should 
have  crossed  the  Isthmus  of  Panama  and  got  fairly 
out  on  the  Pacific,  and  the  remarkable  precaution 
was  taken  of  having  the  General  rowed  out  to  the 
Aspinwall  steamer  after  she  had  gone  down  the  Bay 
of  New  York,  and  there  were  no  reporters  about  to 
spread  the  story  of  his  embarkation.  It  was  hoped 
thus  to  conceal  the  enterprise  from  the  volunteer 
spies  who  infested  the  departments  in  Washington, 
and  of  whom  there  were  also  many  in  New  York. 
Sumner  arrived  at  his  destination  on  the  twenty- 
fourth  of  April,  1861.  Notwithstanding  the  pains 
taken  to  keep  the  matter  secret,  tidings  of  his  ap 
pointment  were  ahead  of  him.  Disloyalists  at  the 
capital,  speeding  their  communications  by  rail  as  far 
as  St.  Joseph,  Missouri,  thence  by  stage-coach  and 
pony  express  across  the  plains  and  over  the  moun 
tains,  and  down  through  California  valleys,  got  word 
to  General  Johnston  and  to  the  leading  secessionists 
in  San  Francisco  the  evening  before  General  Sum- 
ner's  steamer  sailed  in  through  the  Golden  Gate. 

But  the  secessionists  failed  to  act.  Did  their 
courage  desert  them?  Did  they  lack  a  leader?  Was 
the  time  too  short?  General  Johnston's  resignation 
from  the  Army  had  been  forwarded  by  mail  to 
Washington  a  fortnight  before.  Did  the  secession 
ists,  perhaps,  learn  too  late  —  for  there  is  evidence 
that  he  was  approached  —  that  Johnston  would 
not  betray  his  command?  Too  late,  because 
Buchanan  was  out  and  Lincoln  was  in.  Possibly  if 
they  could  have  had  time  to  use  the  machinery  of 


208      THE  CONTEST  FOR  CALIFORNIA 

the  State  Government  to  call  a  convention  and 
have  the  convention  declare  Calfornia  out  of  the 
Union,  with  that  decorous  respect  for  constitu 
tional  proprieties  which  their  Southern  friends 
observed  in  tearing  the  Government  to  pieces,  the 
disunionists  would  have  been  enabled  to  fulfill  their 
promises  of  cooperation  with  the  Southern  leaders. 
Possibly  if  Senator  Baker  had  been  less  insistent 
with  President  Lincoln,  and  General  Sumner  had 
taken  the  next  steamer  after  that  in  which  he 
sailed,  the  relation  of  the  Pacific  Coast  to  the  Gov 
ernment  might  have  been  different  during  the  War 
for  the  Union.  But  when  General  Sumner,  —  name 
honored  and  revered  by  every  loyal  man  who  re 
members  those  exciting  days,  —  when  General 
Sumner  called  on  General  Johnston,  gave  him  the 
President's  orders  and  General  Scott's,  and  re 
marked,  "I  am  now  in  command  of  the  Depart 
ment,"  the  crisis  was  past. 

So,  by  his  representations  of  the  peril  and  his 
eager  insistence  on  the  relief;  through  his  influence 
with  Abraham  Lincoln,  who  trusted  this  man  as  he 
trusted  few  others,  — few  or  none,  —  Edward  D. 
Baker  had  saved  the  Pacific  Coast  to  the  Union. 


CHAPTER  XII 


CONDITIONS  ON  THE  COAST  —  SEDITIOUS  DEMON 
STRATIONS  —  GENERAL  SUMNER*S  ENERGETIC 
MEASURES  —  THE  GENERAL  RETURNS  TO  THE 
EAST 


GENERAL  SUMNER  arrived  on  the  twenty -fourth  of 
April,  toward  the  close  of  the  day,  —  "not  a  day  too 
early,"  declares  the  historian  Tuthill.1  That  same 
evening  the  "Bulletin"  and  the  "Alta"  in  their 
late  editions  published  the  news  that  the  South  had 
begun  hostilities  by  firing  on  Fort  Sumter.2  Two 
days  after  came  the  tidings  that  Sumter  had  fallen, 
—  tidings  that  thrilled  the  people  of  the  cotton 
belt;  that  converted  laggards  into  determined 
rebels;  that  precipitated  the  secession  of  doubtful, 
hesitating  states;  and  that  were  calculated  to  "fire 
the  Southern  hearts"  that  beat  so  sympatheti 
cally  in  the  breasts  of  the  Pacific  Coast  disloyal 
ists,  and  spur  them  to  action.  But,  one  day  be 
fore,  on  the  25th,  the  telegraph  had  apprised  the 
people  of  the  Pacific  Coast  that  General  Johnston 
had  been  relieved,  and  every  officer  and  soldier  of  the 

:    l  Frank  Tuthill,  History  of  California,  p.  584. 

2  "Per  telegraph  to  St.  Louis;  thence  by  telegraph  to  Fort 
Kearney;  thence  by  pony  express  to  Fort  Churchill;  thence  by 
telegraph  to  San  Francisco."  San  Francisco  Evening  Bulletin,  April 
24,  1861. 


210      THE  CONTEST  FOR  CALIFORNIA 

Regular  Army  was  subject  to  the  orders  of  Gen 
eral  Sumner.  The  crisis,  it  is  true,  was  past,  but 
the  danger  was  not  ended.  The  secessionists  con 
tinued  defiant,  and  seditious  demonstrations  oc 
curred  in  many  places,  a  common  feature  being  the 
hoisting  of  the  Bear  Flag  accompanied  by  military 
ceremonies.  In  his  first  report  to  Washington  Gen 
eral  Sumner  said:  "There  is  a  strong  Union  feeling 
with  the  majority  of  the  people  of  this  state,  but 
the  secessionists  are  much  the  most  active  and  zeal 
ous  party,  which  gives  them  more  influence  than 
they  ought  to  have  from  their  numbers.  I  have  no 
doubt  there  is  some  deep  scheming  to  draw  Cali 
fornia  into  the  secession  movement,  —  in  the  first 
place  as  the  'Republic  of  the  Pacific,'  expecting 
afterwards  to  induce  her  to  join  the  Southern  Con 
federacy."1  The  General  at  once  called  in  troops 
that  were  widely  scattered,  and  disposed  his  forces 
so  as  to  safeguard  important  cities,  forts,  and  army 
posts.  The  day  he  assumed  command  he  tele 
graphed  to  Vancouver  and  summoned  "the  Light 
Battery  of  the  Third  Artillery,  guns,  horses,  and 
men,  by  the  first  steamer  to  this  place."  2  The 
following  day  he  summoned  Companies  G  and  M, 
Third  Artillery,  from  Oregon.  That  day — the  same 
on  which  the  news  of  the  rebel  success  in  Charles 
ton  Harbor  became  known  —  a  detachment  of 
troops  under  Lieutenant  Casey  was  ordered  to  Fort 

1  Rebellion  Records,  series  I,  vol.  L,  part  1,  p.  462.  Other  references 
to  this  same  volume  in  this  chapter  will  give  only  the  pages. 

2  Page  469. 


GENERAL  SUMNER  IN  CALIFORNIA     211 

Alcatraz,  in  San  Francisco  Harbor,  "to-day." l 
On  the  30th  the  General  wrote  to  Assistant  Ad 
jutant-General  Townsend,  Washington:  "I  have 
found  it  necessary  to  withdraw  the  troops  from 
Fort  Mojave  and  place  them  at  Los  Angeles.  There 
is  more  danger  of  disaffection  at  this  place  than 
any  other  in  the  state." 2  On  the  seventh  of  May 
Captain  Winfield  Scott  Hancock,  commanding  at 
Los  Angeles,  reported:  "The  Bear  Flag  was  raised 
at  El  Monte,  twelve  miles  distant,  on  the  4th  in 
stant.  The  escort  was,  say,  forty  horsemen.  I  have, 
I  believe,  reliable  evidence  that  it  will  be  raised  here 
on  Sunday,  the  12th  instant,  --  that  is,  that  flag 
will  be  paraded  through  our  streets  under  a  strong 
escort."  3  Sumner  had  not  been  dilatory.  On  the 
third  of  the  month  he  had  ordered  Company  K, 
First  Dragoons,  from  Fort  Tejon  to  Los  Angeles.4 
Captain  Hancock  wrote  to  the  Headquarters  of 
the  Department:  "There  is  here,  belonging  to  the 
state,  a  new  bronze  field-piece  and  carriage  (I  think 
a  6-pounder  gun),  which  in  case  of  difficulty  is  not 
likely  at  first  to  be  in  the  hands  of  persons  support 
ing  the  Federal  Government.  I  would  respectfully 
suggest,  therefore,  that  it  might  be  wise  to  send 
here  a  gun  of  equal  or  greater  calibre." 5  At  another 
time  Captain  Hancock  wrote:  "When  once  a  revo 
lution  commences  the  masses  of  the  native  popu 
lation  will  act,  and  they  are  worthy  of  a  good  deal 
of  consideration.  If  they  act  it  will  be  most  likely 

1  Page  469.  2  Page  474.  3  Page  480. 

4  Page  475.  •  Page  476. 


212      THE  CONTEST  FOR  CALIFORNIA 

against  the  Government."  l  The  vigorous  meas 
ures  of  General  Surnner  and  the  presence  of  the 
troops,  efficiently  commanded  by  Captain  Han 
cock,  rendered  the  secessionists  cautious  and  em 
boldened  Union  men,  so  that  before  the  Captain 
relinquished  command  of  the  post  he  declared  there 
was  "but  little  fear  of  the  future."  2 

On  the  eighteenth  of  May  the  following  order  was 
sent  to  Captain  Adams  at  Fort  Crook:  "Send  Com 
pany  E,  Sixth  Infantry,  to  Benicia  Barracks  imme 
diately."  3  On  the  twentieth  of  the  month  General 
Sumner  reported  to  Washington  that  he  had  "  found 
it  necessary  to  withdraw  the  greater  portion  of  the 
garrison  from  Fort  Umpqua  and  one  company  of  in 
fantry  from  Fort  Crook  for  the  purpose  of  reinforc 
ing  the  commands  at  Benicia  and  the  Presidio  "  [San 
Francisco].4  On  the  27th,  ordnance  men  were  sent 
from  the  arsenal  at  Benicia  to  Fort  Point  (San  Fran 
cisco)  "for  temporary  service,  to  assist  in  mount 
ing  guns."6  On  the  fifth  of  the  following  month 
the  ordnance  men  were  ordered  to  return  to  the 
Benicia  Arsenal  "without  delay."6  Captain  Lend- 
rum's  Company  I,  Third  Artillery,  was  ordered  in 
from  Honey  Lake  to  "join  the  company  at  Alcatraz 
Island,  bringing  with  it  the  movable  public  pro 
perty."  7  On  the  sixth  of  June  General  Sumner  wrote 
to  the  Collector  of  the  Port  of  San  Francisco,  say 
ing  that  he  thought  "a  cutter  of  some  kind  for  the 
use  of  the  custom-house  and  the  Marshal  is  very 

1  Page  480.  2  Page  483.  3  Page  486.  4  Page  486. 

5  Page  491.  6  Page  499.  7  Page  491. 


v-;^- 


MAJOR -fSEXERAL    EDWIN    V.    SUMXER 


GENERAL  SUMNER  IN  CALIFORNIA     213 

necessary  at  this  particular  time,"  and  suggesting 
that  the  Collector  should  charter  a  vessel  for  the 
purpose.1  The  following  day  Colonel  Wright,  com 
manding  the  District  of  Oregon,  was  directed  to 
"send  to  this  place  [San  Francisco]  with  the  great 
est  possible  dispatch  seven  of  the  infantry  compa 
nies  which  can  best  be  spared  from  his  command." 2 
Three  days  later,  Company  F,  Fourth  Infantry, 
was  ordered  from  Fort  Vancouver,  Washington 
Territory,  "to  embark  on  the  next  steamer  for  San 
Francisco." 3  The  same  day  Captain  Wallen  was 
ordered  from  Fort  Vancouver  to  "proceed  with 
his  company  by  first  steamer  to  San  Francisco 
and  report  to  the  General  commanding  the  De 
partment."  4  On  the  llth  Captain  Augur  was  or 
dered  from  Fort  Vancouver  to  "embark  on  the 
first  steamer  for  San  Francisco."  Captain  Russell, 
Company  K,  Fourth  Infantry,  received  the  same 
order.  Company  D,  Ninth  Infantry,  Captain 
Pickett,  and  Company  C,  Fourth  Infantry,  Cap 
tain  Hunt,  were  also  ordered  to  San  Francisco  by 
the  first  steamer.  Company  A  of  the  Fourth  re 
ceived  a  similar  order.5 

General  Sumner  reported  to  Adjutant-General 
Thomas,  in  Washington,  that  he  had  "found  it 
necessary  to  withdraw  from  Oregon  a  considerable 
part  of  the  force  stationed  there  to  reinforce  the 
troops  in  California  and  Nevada  Territory."  The 
General  at  this  time  underestimated  the  secession 

1  Page  501.  2  Page  503.  3  Page  509. 

4  Page  509.  5  Page  512. 


214      THE  CONTEST  FOR  CALIFORNIA 

element  in  Oregon,  for  he  said  there  was  "nothing 
to  apprehend  there  but  the  possibility  of  some 
Indian  disturbances,  which  seems  to  me  of  little 
consequence  in  comparison  with  preserving  the 
integrity  of  the  Union."  Respecting  California  he 
remarked,  "I  believe  there  is  a  large  majority  of 
Union  men  in  this  state,  but  they  are  supine  from 
confidence,  while  there  is  an  active  and  zealous 
party  of  secessionists  who  will  make  all  the  mischief 
they  can."  l  The  latter  part  of  August  General 
Sumner  wrote  to  the  Colonel  commanding  at  Beni- 
cia  Barracks,  "I  wish  you  to  encamp  a  company 
close  to  the  new  Ordnance  Building  and  put  a 
strong  guard  at  the  Magazine."  2 

San  Bernardino  was  another  troublesome  centre. 
A  company  of  cavalry  was  organized  among  the 
Mormons,  who  were  numerous  there,  and  com 
manded  by  a  man  who  had  resigned  from  the 
Regular  Army.  They  pretended  to  be  loyal,  but 
they  cheered  the  name  of  Jeff  Davis.3  Major  Ket- 
chum  ordered  two  companies  of  dragoons  to  the 
place.  The  Major  reported  that  he  was  expecting 
an  attack  from  the  secessionists,  and  he  adds,  "As 
we  were  here  much  sooner  than  expected,  the 
secessionists  were  not  prepared."  4 

A  number  of  loyal  men  at  Santa  Barbara  wrote 
to  the  Commanding  General  that  the  secessionists 
were  armed  and  active,  and  that  Government 
troops  ought  to  be  sent  to  the  place.  The  General 
replied  "that  the  more  pressing  necessity  for  the 

1  Page  506.  2  Page  593.          8  Page  622.  4  Page  594. 


GENERAL  SUMNER  IN  CALIFORNIA    £15 

presence  of  troops  at  other  points  will  render  the 
establishment  of  a  post  at  Santa  Barbara  at  this 
time  impracticable." 1  On  the  second  of  June, 
"guns,  carriages,  and  ammunition  for  San  Diego" 
were  shipped  from  the  Benicia  Arsenal.2  On  the 
twenty-first  of  June,  Lieutenant  Carr  wrote  from 
Fort  Tejon  that  the  disloyal  whites  were  giving 
the  Indians  whiskey  and  inciting  them  to  trouble. 
Major  Carleton  promptly  sent  reinforcements. 3 
Later  two  companies  of  infantry  were  ordered  to 
proceed  immediately  to  reinforce  the  troops  at 
Fort  Yuma,  who  were  apprehensive  of  an  attack 
from  a  rebel  force.4 

On  the  seventeenth  of  September,  General  Sum- 
ner  wrote  to  Assistant  Adjutant-General  Townsend : 
"The  disaffection  in  the  southern  part  of  the  state 
is  increasing  and  becoming  dangerous,  and  it  is  in 
dispensably  necessary  to  throw  reinforcements  into 
that  section  immediately.  The  rebels  are  organ 
izing,  collecting  supplies,  and  evidently  preparing 
to  receive  a  force  from  Texas,  and  the  worst  fea 
ture  of  the  affair  is  this:  they  have  managed  to  se 
duce  the  native  Calif ornians  by  telling  them  they 
will  be  ruined  by  taxes  to  maintain  the  war."  The 
General  then  explains  his  disposition  of  forces  to 
overcome  the  danger.5 

Early  in  June  General  Scott  directed  General 
Sumner,  "in  concert  with  the  naval  commander 
on  the  Pacific  Station,"  to  prevent  the  carrying 

1  Page  492.  z  Page  496.  •  Page  520. 

4  Page  600.  •  Page  623. 


216      THE  CONTEST  FOR  CALIFORNIA 

out  of  rebel  plans  for  "annexing  Lower  California 
to  the  so-called  Southern  Confederacy."1  The  in 
formation   that   necessitated   this  measure  came 
from  Secretary  Seward  and  was  undoubtedly  well 
grounded.2    Later,  when  the  project  of   a  rebel 
force  to  come  from  Texas  seemed  to  have  taken 
definite  shape,  and  the  secessionists  were  counting 
on  such  a  force  to  appear  in  California  and  begin 
operations,  General  Scott  contemplated  a  counter- 
expedition  to  be  led  by  General  Sumner  from  Cali 
fornia  to  Texas.   Concerning  this  General  Sumner 
wrote  to  Assistant  Adjutant  -  General  Townsend 
(August  30) :  "I  feel  it  to  be  a  duty  to  the  General 
to  let  him  know  precisely  the  state  of  things  on  this 
coast.  Up  to  the  time  of  the  reverse  in  Virginia 
[at  Bull  Run]  everything  was  perfectly  safe  here. 
There  has  always  been  a  strong  secession  party  in 
this  state,  but  it  was  overawed  and  kept  quiet. 
Since  that  news  was  received  these  people  have 
been  getting  much  bolder,  and  I  have  found  it  nec 
essary  to  take  strong  measures  to  repress  any  at 
tempt  on  their  part  to  thwart  the  government.    I 
think  I  can  do  it,  but  if  they  succeed  in  electing 
their  candidate  for  Governor,  of  which  they  are 
very  confident,  I  shall  not  be  able  to  do  it  without 
the  most  stringent  measures."  3    On  the  seventh  of 
September,  General  Sumner  wrote  again,  in  a  more 
confident  vein:  "The  Union  party  has  triumphed 
in  the  election,  which  makes  things  much  safer 
here.    There  are  about  20,000  secession  voters  in 
1  Page  498.  2  Page  504.  3  Pages  593,  594. 


GENERAL  SUMNER  IN  CALIFORNIA    217 

this  state,1  and  the  dissolute  and  loose  portion  of 
this  party  are  congregating  in  some  force  in  the 
southern  counties  in  the  hope  of  receiving  support 
from  Texas.  I  am  reinforcing  the  regular  troops 
in  that  quarter  as  speedily  as  possible,  in  order  to 
check  this  movement.  The  great  and  unaccount 
able  success  in  Arizona  and  New  Mexico  will  no 
doubt  embolden  them,  and  it  is  by  no  means  cer 
tain  that  they  will  not  make  some  attempt  in  this 
direction,  and  if  they  should  ever  get  an  organized 
force  into  this  state  as  a  rallying-point  for  all  the 
secession  element  it  would  inevitably  inaugurate 
a  civil  war  here  immediately."  2 

The  project  of  an  expedition  of  California  troops 
to  Texas  excited  alarm  among  Union  men,  and 
evoked  one  of  the  most  impressive  statements  of 
the  dangerous  conditions  existing  in  California  as 
late  as  the  close  of  the  summer  of  1861.  A  com 
munication,  dated  the  twenty-eighth  of  August,  was 
addressed  to  the  Honorable  Simon  Cameron,  Secre 
tary  of  War,  remonstrating  against  the  withdrawal 
of  so  many  loyal  troops  as  would  be  required  for 
the  Texas  enterprise.  This  communication,  which 
was  signed  by  many  of  the  foremost  men  of  San 
Francisco,  —  merchants,  bankers,  lawyers,  and 

1  Later  General  Sumner  corrected  himself  and  stated  that  "the 
secession  party  in  this  state  numbers  about  32,000  men  and  they  are 
very  restless  and  zealous,  which  gives  them  great  influence.  They 
are  congregating  in  the  southern  part  of  the  state,  and  it  is  there  they 
expect  to  commence  their  operations  against  the  Government." 
Page  643. 
-  a  Page  610. 


218      THE  CONTEST  FOR  CALIFORNIA 

other  business  and  professional  men,  —  stated 
that  it  was  understood  that  five  thousand  addi 
tional  men  were  to  be  enlisted  in  California  and 
that  then  a  force  would  be  sent  across  the  country 
under  command  of  General  Sumner. 

"This  report,"  they  say,  "has  caused  the  most 
lively  apprehensions  of  danger  in  our  midst,  and  so 
deeply  are  we  impressed  that  your  Department  is 
not  sensible  of  the  true  condition  of  affairs  on  this 
coast  that  we  most  respectfully  ask  the  rescinding 
of  so  much  of  the  order  as  calls  for  the  withdrawal 
of  the  troops  to  be  raised  and  that  transfers  Gen 
eral  Sumner  to  another  field  of  operations;  and 
thereto  we  present  the  following  reasons :  — 

"A  majority  of  our  present  state  officials  are 
avowed  secessionists,  and  the  balance,  being  bit 
terly  hostile  to  the  Administration,  are  advocates 
of  a  peace  policy  at  any  sacrifice  upon  terms  that 
would  not  be  rejected  even  by  South  Carolina. 

"Every  appointment  made  by  our  governor 
within  the  past  three  months  indicates  his  entire 
sympathy  and  cooperation  with  those  plotting  to 
sever  California  from  her  allegiance  to  the  Union, 
and  that,  too,  at  the  hazard  of  civil  war. 

"About  three  eighths  of  our  citizens  are  natives 
of  slave-holding  states  and  are  almost  a  unit  in  this 
crisis.  The  hatred,  manifested  so  pointedly  in  the 
South,  and  so  strongly  evinced  on  the  field  of  bat 
tle,  is  no  more  intense  there  than  here.  .  .  . 

"Our  advices,  obtained  with  great  prudence  and 
care,  show  us  that  there  are  about  sixteen  thousand 


GENERAL  SUMNER  IN  CALIFORNIA    219 

Knights  of  the  Golden  Circle  1  in  this  state,  and 
that  they  are  still  organizing,  even  in  our  most 
loyal  districts."  2 

The  communication  further  states  that  through 
gross  misrepresentations  the  powerful  native  Mex 
ican  element  of  the  population  has  been  won  over  to 
the  secession  side,  and  ends  by  protesting  against 
moving  the  California  troops  out  of  the  state  and 
against  returning  General  Sumner  to  the  East.  It 
is  a  tradition  of  that  time  that  Senator  Baker's 
intercession  was  asked  in  support  of  the  memorial. 
It  would  be  hard  to  believe  that  the  anxious  San 
Franciscans  overlooked  that  powerful  influence. 
Certainly  the  projected  expedition  to  Texas  was  for 
the  time  abandoned. 

It  is  essential,  both  for  proving  the  reality  of  a 
secession  peril  and  for  showing  General  Sumner's 
realization  of  it,  to  mention  briefly  more  of  the  con 
ditions  on  the  coast,  the  activities  of  the  secession 
ists,  and  the  measures  adopted  for  their  repression. 
We  have  seen  how  promptly  the  forces  in  San  Fran 
cisco  and  vicinity  were  augmented.  A  close  watch 
had  to  be  maintained  over  every  section  of  the 
coast.  In  addition  to  the  Knights  of  the  Golden 
Circle,  many  disloyal  men  associated  for  hostile 
action  in  numerous  places.  A  company  of  two  hun 
dred,  organized  at  Oroville  ostensibly  to  join  the 
Union  Volunteers,  their  arms  and  equipment  hav 
ing  been  paid  for  in  part  by  Union  men,  was  found 

1  The  secret  semi-military  organization  of  the  secessionists. 

2  Pages  589,  590,  591. 


220      THE  CONTEST  FOR  CALIFORNIA 

to  be  intended  for  the  rebel  army.1  On  the  eighth  of 
June  General  Sumner  ordered  a  "special  observa 
tion"  to  be  maintained  over  the  steamer  Diana, 
which  certain  persons  contemplated  fitting  up 
"with  an  armament,"  — certainly  not  for  use  by 
the  government  authorities.2 

Bancroft 3  describes  several  subsequent  attempts 
of  the  same  sort.  The  speedy  clipper  ship  J.  W. 
Chapman  was  loaded  with  arms,  powder,  etc.,  and 
it  was  pretended  they  were  for  the  Mexicans,  who 
were  then  engaged  in  their  conflict  with  Maximilian 
and  his  French  soldiers;  but  the  naval  authorities 
seized  the  Chapman  as  she  was  about  to  sail.  It 
was  ascertained  that  the  parties  in  control  of  the 
vessel  planned  to  capture  a  steamer  along  the  coast, 
and,  using  her,  then  capture  other  steamers  that 
should  be  conveying  the  gold  of  California  to  the 
East.  Bancroft  continues:  "In  connection  with  this 
piratical  scheme  was  a  plan  to  form  secret  associa 
tions  of  men  favorable  to  the  Confederacy  in  every 
community,  who  were  to  be  secretly  armed,  and, 
when  their  numbers  were  deemed  sufficient,  to 
meet  at  Sacramento,  cut  the  telegraph  wires,  seize  a 
steamboat,  run  down  to  Benicia,  secure  the  arsenal, 
take  by  surprise  Fort  Point  and  Alcatraz,  which 
three  objects  being  accomplished  they  would  de 
clare  California  out  of  the  Union  and  one  of  the 
Confederate  States."  The  chief  conspirators  were 
convicted  and  sentenced  to  imprisonment  and  to 

1  Page  827.  2  Page  505. 

8  Bancroft,  vol.  vn,  pp.  287,  288. 


GENERAL  SUMNER  IN  CALIFORNIA     221 

pay  heavy  fines.  "A  plot  to  take  Mare  Island  and 
the  navy  yard  was  discovered  only  a  little  later 
than  the  Chapman  affair.  The  steamboat  Guada- 
lupe,  in  Napa  Creek,  was  to  be  taken  by  a  force  of 
two  hundred  men,  who  were  to  cross  over  to  Vallejo, 
take  the  works  and  government  shipping  by  sur 
prise,  and,  with  the  vessels  and  arms  obtained,  the 
plotters  were  to  make  an  assault  on  San  Francisco. 
The  discovery  of  the  conspiracy  was  its  defeat,  but 
it  was  of  sufficient  importance  to  detain  the  United 
States  steamer  Saginaw  from  leaving  the  harbor."  1 
By  the  middle  of  June  General  Sumner  reported 
to  the  Government  that  he  had  checked  the  seces 
sion  movement  in  the  southern  part  of  California, 
which,  however,  revived  at  a  later  date  and  became 
acute. 

At  this  time  the  General  reported  that  the  dis 
loyal  element  had  organized  and  become  active  in 
the  Territory  of  Nevada.  Citizens  wrote  from  Vir 
ginia  City  to  Captain  Hendrickson,  commandant 
at  Fort  Churchill,  that  the  secessionists  had  com 
pleted  an  organization  under  a  certain  Dr.  Mc- 
Means.  It  was  stated  that  the  general  impression 
was  that  the  rebels  expected  "to  seize  the  fort  and 
get  possession  of  the  territory."  2  Later  a  citizen 
wrote  to  General  Sumner  that  "we  are  eleven 
twelfths  Union  men,  but  we  are  without  arms  or 
organization,  while  the  rebels  have  control  of  all 

1  Bancroft,  vol.  vu,  p.  288.  These  marine  plots  were  hatched  after 
General  Sumner  had  gone  East. 

2  Page  490. 


222      THE  CONTEST  FOR  CALIFORNIA 

the  public  or  private  arms  here."  1  General  Sum- 
ner  reported,  early  in  June,  that  he  was  "informed 
of  the  organization  and  partial  armament  of  a  body 
of  men  in  Carson  Valley  for  the  purpose  of  over 
awing  the  Union  portion  of  the  population  there 
and  involving  the  territory  in  the  cause  of  seces 
sion."  2  A  company  of  the  Sixth  Infantry  was  im 
mediately  dispatched  to  report  to  the  commanding 
officer  at  Fort  Churchill.  Captain  T.  Moore  was 
sent  to  Carson  with  a  detachment  of  dragoons 
under  the  command  of  Lieutenant  Baker,  and  they 
succeeded  in  disarming  several  parties  of  secession 
ists.  Captain  Moore  reported:  "I  was  informed 
from  the  most  reliable  residents  of  the  place  [Vir 
ginia  City]  that  there  was  beyond  doubt  an  organi 
zation  to  subvert  the  authority  of  the  Federal  Gov 
ernment  in  the  territory  and  declare  in  favor  of  the 
Confederate  States."  3  This  expedition  arranged 
for  enrolling  nearly  five  hundred  loyal  men,  who 
were  furnished  with  arms  by  order  of  General 
Sumner.  The  general  wrote  that  "the  seizure  of  the 
arms  as  reported  had  the  effect  to  check  at  once 
the  action  of  the  secessionists  in  Nevada  Terri 
tory."  4 

The  situation  in  Oregon  was  —  or  rather  would 
have  been  —  grave  if  the  Government  had  not  been 
so  strongly  represented.  On  the  twenty -first  of  June, 
A.  G.  Henry,  a  practicing  physician,  an  old  Illinois 
friend  of  Abraham  Lincoln,  wrote  from  his  home  at 

1  Page  499.  *  Page"  502. 

8  Page  510.  4  Page  511. 


GENERAL  SUMNER  IN  CALIFORNIA     223 

Lafayette,  Oregon,  to  the  President:  "There  is  a 
much  stronger  secession  feeling  in  Oregon  than  is 
generally  believed.  In  my  opinion  the  election  of 
Baker  and  Nesmith  to  the  Senate,  and  the  conse 
quent  defeat  of  Breckinridge  and  Lane  in  Oregon 
and  California  in  November,  is  all  that  saved  this 
coast  from  going  with  the  South.  As  it  was,  the 
timely  appearance  of  General  Sumner  at  San  Fran 
cisco  saved  the  public  property  of  California  from 
falling  into  the  hands  of  secessionists.  I  think 
all  is  now  safe,  notwithstanding  the  Governors 
of  both  California  and  Oregon  openly  avow  their 
hostility  to  your  policy  of  putting  down  the  re 
bellion."  * 

In  August  Justice  Stratton,  of  the  Supreme 
Court  of  Oregon,  wrote  to  General  Sumner:  "It  is 
not  to  be  doubted  that  the  Governor  of  this  state 
strongly  sympathizes  with  the  rebels,  and  there  are 
many  who  believe  that  under  the  influence  of  Gen 
eral  Lane  he  would  seize  any  opportunity  to  give 
Union  men  trouble.  It  is  understood  and  believed 
that  the  withdrawal  of  United  States  forces  from 
this  and  other  posts  would  offer  an  occasion  of 
which  the  Governor  would  have  availed  himself  to 
call  out  troops  to  occupy  them.  It  would  be  an 
easy  matter  to  obtain  such  only  as  he  could  rely 
upon.  A  few  men  of  desperate  fortunes,  with  arms 
in  their  hands,  might  give  us  infinite  trouble. 
Oregon  has  a  large  faction  of  her  population  who 
are  as  devoted  to  the  rebels  as  any  men  to  be  found 

1  From  a  copy  in  the  possession  of  Miss  Hopkins. 


224      THE  CONTEST  FOR  CALIFORNIA 

in  the  South."  l  General  Sumner  replied  that  he 
had  felt  compelled  to  withdraw  many  of  the 
United  States  troops  from  Oregon,  because  the 
need  for  their  services  has  been  greater  elsewhere, 
but  he  assured  Justice  Stratton  that  no  more  of  the 
force  in  that  state  should  be  taken,  and  he  added 
that  Colonel  George  Wright,  commanding  the 
Regular  Army  forces  in  Oregon,  had  been  author 
ized  to  muster  volunteers  into  service  without  con 
sulting  the  state  officials.2  Still,  the  activity  of  the 
disloyalists  continued.  Lieutenant  Campbell,  writ 
ing  from  Fort  Hoskins  as  late  as  November,  stated 
that  "the  disaffected  seem  to  be  again  about  to  give 
us  trouble"  and  "the  late  commander  aided  the 
inhabitants  in  their  nefarious  designs  on  the  Gov 
ernment."  Lieutenant  Campbell  then  tells  of  the 
distribution  of  arms  to  the  Indians  by  secessionists, 
with  promise  of  further  favors  if  they  would  "fight 
for  Jeff  Davis."  The  Lieutenant  stated  that 
"rebels"  proposed  to  set  fire  to  a  block-house  occu 
pied  by  government  troops  "and  shoot  the  officers 
as  they  come  out."  3 

In  the  Territory  of  Washington  the  secession 
peril  also  lifted  its  front,  but  the  acting  governor, 
a  presidential  appointment,  was  loyal  and  his 
promptness  and  zeal  in  organizing  the  militia  of 
the  territory  discouraged  acts  of  open  hostility.4 
The  presence  of  a  number  of  Regular  troops  was 
also  effective, .  but  at  one  time  this  effectiveness 

1  Page  571.  2  Page  578. 

3  Pages,  739,  740.  4  Pages  488,  489. 


GENERAL  SUMNER  IN  CALIFORNIA    225 

was  neutralized  by  the  disloyalty  of  several  offi 
cers. 

The  secessionists  were  as  audacious  in  Arizona  as 
in  any  section  of  the  department  commanded  by 
General  Sumner.  In  June  several  of  them  wrote  to 
a  man  who  had  resigned  from  the  Regular  Army 
and  urged  him  to  intercede  with  the  Confederate 
authorities  for  a  territorial  organization  under  that 
government.  They  asked  for  arms  and  equipment 
for  a  regiment,  declaring  that  such  an  organization 
"would  strengthen  and  perpetuate  that  sympathy 
with  the  South  which  is  now  unanimous."  1 

General  Sumner,  as  the  result  of  his  long  experi 
ence  in  army  operations,  appreciated  the  impor 
tance  of  knowing  what  the  enemy  was  planning 
and  hoping  to  do;  so  the  General  kept  thoroughly 
informed  concerning  affairs  in  every  section  of  his 
extensive  department.  His  orders,  issued  from  time 
to  time  as  occasion  required,  fairly  stung  the  dis 
loyal,  while  they  inspired  Union  men  and  incited 
them  to  preparation  and  organization.  At  a  time 
when  the  small  force  in  the  southern  part  of  Cali 
fornia  was  expecting  an  incursion  from  Texas, 
General  Sumner  issued  the  following  laconic 
order:  — 

-  No  Federal  troops  in  the  Department  of  the  Pacific 
will  ever  surrender  to  rebels. 

E.  V.  SUMNER, 
Brigadier-General  commanding.2 

1  Pages  501,  502.  *  Page  603. 


THE  CONTEST  FOR  CALIFORNIA 

Another  order  declared  that "  No  public  property 
will  ever  be  surrendered  in  this  department."  1 

Another,  instructing  commanders  everywhere: 
"Any  citizen  in  the  employment  of  the  Army  in 
this  department  who  is  opposed  to  the  Union  will 
be  instantly  discharged."  2 

At  a  time  when  the  secessionists  had  purchased  a 
vessel  and  secretly  fitted  it  up  to  serve  as  a  priva 
teer  General  Sumner  promulgated  the  following: 
"Any  vessel  sailing  under  the  secession  flag,  so- 
called,  which  shall  enter,  or  attempt  to  enter,  any 
of  the  waters  of  the  United  States  on  this  coast  will 
be  immediately  captured  by  the  troops  stationed 
there.  Any  such  vessel  which  shall  fail  to  come  to 
or  surrender  on  being  duly  warned,  or  which  shall 
attempt  to  escape,  will  be  fired  into  and  sunk  if 
necessary."  3 

Much  additional  testimony  to  prove  my  opening 
proposition  could  be  introduced.  It  would,  how 
ever,  be  cumulative,  which  in  law  tends  merely  "to 
prove  the  same  point  to  which  other  evidence  has 
been  offered."  4  It  seems  strange  that  so  many 
historians  have  ignored  it. 

It  is  less  unaccountable  that  the  career  and  serv 
ices  of  Senator  Baker  are  so  little  known.  His 
untimely  death  deprived  him  of  opportunities  to 
share  the  harvest  of  glory  gathered  in  field  and 
forum  by  those  who  served  through  the  War  for  the 
Union.  But  there  were  those  who  knew  of  Baker's 
ardor  and  efficiency.  The  Honorable  Timothy  J. 

1  Page  486.  2  Page  486.  3  Page  494. 

4  Webster's  Dictionary. 


GENERAL  SUMNER  IN  CALIFORNIA     227 

Phelps,  who  had  become  a  member  of  Congress 
from  California,  in  his  tribute  to  Baker  in  the 
House  of  Representatives,  declared  that  "the  whole 
country  is  indebted  to  him  in  no  small  degree  that 
California  is  to-day  in  the  Union."  l 

Congressman  Aaron  A.  Sargent,  afterwards  Sen 
ator  from  California,  on  the  same  occasion  said : 
"I  do  but  strict  justice  to  his  memory  when  I  say 
that  California  is  largely  indebted  to  Edward  D. 
Baker  that  she  is  not  to-day  within  the  grasp  of 
secessionists."  2 

The  time  came  when  General  Sumner's  great 
talents  and  experience  made  his  presence  indis 
pensable  in  the  field  of  military  operations  in  the 
East,  and  on  the  twenty-first  of  October  he  sailed 
for  Panama  on  the  steamship  Orizaba.  He  was 
succeeded  in  the  command  of  the  Department  of 
the  Pacific  by  Colonel  Wright;  but  it  was  stated 
that  Colonel  Wright  would  remain  but  a  short 
time  and  would  himself  then  go  East  and  be  suc 
ceeded  by  a  volunteer  officer  of  such  dubious  loy 
alty  and  unsatisfactory  antecedents  that  the 
announcement  aroused  strong  remonstrance.  Gen 
eral  Sumner,  writing  to  Washington  a  few  days 
before  his  departure,  said,  "Colonel  Wright  ought 
to  remain  here  in  command.  The  safety  of  the 
whole  coast  may  depend  upon  it."  3 

Bancroft  gives  the  following  interesting  state- 

1  Cong.  Globe,  2d  Session,  37th  Congress,  part  1,  p.  63.    Mr. 
Phelps  was  speaking  in  December,  1861. 

2  Cong.  Globe,  2d  Session,  37th^Congress,  part  1,  p.  64. 

3  Rebellion  Records ,  series  L,  vol.  L,  part  1,  p.  658. 


228      THE  CONTEST  FOR  CALIFORNIA 

ment  in  a  footnote:  "Either  by  accident  or  design 
General  Sumner  and  staff  sailed  on  the  same 
steamer  with  Senator  Gwin  and  Calhoun  Benham. 
Gwin  had  returned  to  California  in  June  and  re 
mained  until  October,  but  found  no  opportunity  to 
carry  out  any  of  the  Confederate  designs  against 
the  public  property,  and  was  now  departing  on  the 
Orizaba  to  prosecute  them  elsewhere.  Just  before 
reaching  Panama,  on  learning  that  some  of  his 
officers  had  been  approached,  Sumner  arrested 
Gwin,  Benham,  and  J.  L.  Brent  on  a  charge  of 
treason,  compelling  them  to  accompany  him  to 
New  York  and  Washington.  On  the  evidence  it 
appeared  that  Gwin  expected  to  meet  Slidell  and 
Mason,  the  Confederate  emissaries  to  Europe,  at 
Havana,  and  proceed  abroad  with  them.  Had  not 
his  plans  been  frustrated,  he  must  have  been  ar 
rested  in  their  company  and  confined  in  Fort 
Warren.  As  it  was,  he  and  his  companions  had  a 
brief  residence  in  Fort  Lafayette,  and  were  released. 
Benham  and  Brent  joined  the  Confederate  Army  at 
the  first  opportunity,  and  Gwin  spent  some  time  in 
Mississippi  before  going  to  France  to  labor  for  the 
recognition  of  the  Confederacy. 

"  Sumner  did  not  seem  to  realize  that  he  had  it  in 
his  power  to  discover  all  the  plans  of  the  conspira 
tors  on  the  Orizaba.  He  simply  sent  for  them  to 
come  to  the  Captain's  office,  when  he  placed  them 
under  arrest,  but  not  in  confinement.  They  re 
turned  to  their  rooms  and  threw  overboard  a  quan 
tity  of  maps  and  papers,  a  fact  unknown  for  half 


GENERAL  SUMNER  IN  CALIFORNIA     229 

an  hour  afterwards.  At  this  point  Gwin  disappears 
from  the  political  history  of  California.  Like  Lane, 
of  Oregon,  to  whom  his  example  was  fatal,  he  be 
trayed  his  state  and  his  country."  l 

How  different  the  last  words  concerning  Gen 
eral  Sumner  may  be.  His  splendid  service  in  the 
Eastern  armies  is  beyond  the  purpose  of  this  book 
to  recount.  It  is  the  proud  possession  of  the  Ameri 
can  Nation.  I  will,  however,  with  the  warmest 
approval,  quote  a  few  lines  concerning  the  Gen 
eral  from  the  "History  of  Abraham  Lincoln." 
"He  died  at  Syracuse,  New  York,  on  the  twenty- 
first  of  March,  1863,  universally  respected  and  be 
loved  by  all  who  were  able  to  appreciate  his  noble 
qualities,  his  valor,  and  his  patriotism.  He  was  the 
finest  type  the  Army  possessed  of  the  old-fashioned 
soldier;  the  quick  eye,  the  strong  arm,  the  unques 
tioning  spirit  of  loyal  obedience;  the  simple  heart 
that  knew  not  a  pulse  of  fear  or  of  hesitation ;  that 
beat  only  for  his  friends,  his  flag,  and  his  God."  2  ) 

Bancroft  refers  to  Colonel  Wright,  "whose  con 
scientious  discharge  of  duty  in  his  whole  depart 
ment  was  of  the  greatest  value  to  the  Government 
and  the  state.  Nothing  escaped  his  observation, 
and  at  every  point  the  disaffected  were  met  with 
stern  reproof."  3  As  long  as  the  war  lasted  the 
secession  element  on  the  coast  continued  in  its  read 
iness  for  revolt  and  occasionally  indulged  in  malig 
nant  but  futile  demonstrations. 

1  Bancroft,  vol.  vn,  p.  284.     2  Nicolay  and  Hay,  vol.  vi,  p.  222. 
3  Bancroft,  vol.  vn,  p.  284. 


CHAPTER  XIII 

BAKER  IN  THE  THIRTY-SEVENTH  CONGRESS —  HIS 
FORESIGHT  —  DEFEATS  A  CONFERENCE  COMMIT 
TEE  REPORT  —  THE  REPLY  TO  BRECKINRIDGE  — 
ANNOUNCES  HIS  DECLINATION  OF  APPOINTMENT 
AS  BRIGADIER-GENERAL 

PURSUANT  to  the  call  of  the  President  a  special  ses 
sion  of  Congress  began  on  the  fourth  of  July,  1861. 
Notwithstanding  Colonel  Baker's  hard  work  with 
his  brigade,  he  took  a  lively  interest  in  the  proceed 
ings  of  the  Senate.  On  the  tenth  of  July,  speaking 
upon  a  bill  reported  from  the  Military  Committee, 
Senator  Baker  said:  - 

"I  approve,  as  a  personal  and  political  friend  of 
the  President,  of  every  measure  of  his  Administra 
tion  in  relation  to  the  rebellion  at  present  raging  in 
this  country.  I  propose  to  ratify  whatever  needs 
ratification.  I  propose  to  render  my  clear  and  dis 
tinct  approval  not  only  of  the  measure,  but  of  the 
motive  which  prompted  it.  I  propose  to  lend  the 
whole  power  of  the  country  —  arms,  men,  money 
-  and  place  them  in  his  hands,  with  authority  al 
most  unlimited,  until  the  conclusion  of  this  struggle. 
He  has  asked  for  four  hundred  million  dollars ;  we 
propose  to  give  him  five  hundred  million.  He  has 
asked  for  four  hundred  thousand  men;  we  propose 


BAKER  IN  THE  37TH  CONGRESS      231 

to  give  him  half  a  million;  and  for  my  part,  if,  as 
I  do  not  apprehend,  the  emergency  should  be  still 
greater,  I  will  cheerfully  add  a  cipher  to  either  of 
these  figures. 

"But,  sir,  while  I  do  that,  I  desire  by  my  word 
and  my  vote  to  have  it  clearly  understood  that  I 
do  that  as  a  measure  of  war.  As  I  had  occasion  to 
say  in  a  very  early  discussion  of  this  question,  I 
want  sudden,  bold,  forward,  determined  war;  and 
I  do  not  think  anybody  can  conduct  war  of  that 
kind  as  well  as  a  dictator.  But,  as  a  senator,  I 
deem  it  my  duty  to  look  forward  to  returning  peace. 
.  .  .  Whether  that  peace  shall  be  conquered  at 
Richmond,  or  Montgomery,  or  New  Orleans,  or  in 
the  wilds  of  Texas,  I  do  not  presume  to  say;  but 
I  do  know,  if  I  may  use  so  bold  a  word,  that  the 
determined,  aggregated  power  of  the  whole  people 
of  this  country,  of  its  treasure,  of  its  arms,  of  its 
blood,  of  its  enthusiasm,  kindled,  concentrated, 
poured  out  in  one  mass  of  living  valor  upon  any 
foe,  will  conquer. 

"Here,  as  a  senator,  looking  beyond  the  imme 
diate  contingency,  I  still  desire  to  show  by  my  con 
duct  and  my  vote  that  I  venerate  the  principles 
of  the  Constitution  of  the  United  States.  I  believe 
that  a  standing  army  is  always  dangerous  to  lib 
erty;  and  I  believe  that  the  ambition  of  men,  and 
the  interests  of  men,  and  the  tendency  of  power  to 
the  lust  of  power,  always  seek  and  find  excuses  for 
the  increase  and  continuance  of  standing  armies  in 
all  public  emergencies.  No  standing  army  ever  was 


232      THE  CONTEST  FOR  CALIFORNIA 

raised,  even  in  a  despotic  government,  except  under 
some  pretense  of  maintaining  good  order  or  put 
ting  down  resistance  to  good  government.  There 
fore,  while  I  cheerfully  add  to  the  standing  army, 
—  though  I  confess  that  would  not  have  been  the 
policy  I  should  have  preferred,  —  while  I  cheer 
fully  yield  my  acquiescence  in  the  measures  of  the 
Administration  which  work  a  large  increase  of  the 
standing  army  for  purposes  of  war,  I  propose  to 
limit  it  to  the  time  when  that  war  exists."  1 

In  the  same  speech  Senator  Baker  recurred  to 
his  support  of  the  Crittenden  compromise  propo 
sitions  at  the  previous  session,  and  remarked :  - 

"My  honored  friend  from  Maine  [Mr.  Fessen- 
den]  will  bear  me  witness  that  I  was  perhaps  the 
last  man  in  the  Senate  to  give  up  the  hope  that 
something  might  be  done  by  conciliation  and  com 
promise  —  words  I  propose  never  to  use  again.  I 
hoped,  I  sympathized,  I  struggled  to  the  last.  Now 
I  hope  to  be  among  the  last  of  all  men  willing  to 
lay  down  arms  at  all.  I  will  never  vote  to  do  it  till, 
without  treaty,  the  flag  of  the  United  States  waves 
over  every  portion  of  its  territory,  and  over  a  popu 
lation  either  enthusiastically  rallying  beneath  its 
shadow  or  else  abjectly  subject  to  its  sway.  Till 
then,  give  the  President  a  million  men.  Till  then, 
give  him  not  only  the  whole  revenue  of  the  Govern 
ment,  but  the  whole  property  of  the  people.  Do 
not  refuse  a  single  regiment;  do  not  furl  a  single 
sail;  do  not  abate  a  single  jot  of  all  your  embattled 
1  Cong.  Globe,  1st  Session,  37th  Congress,  p.  44. 


BAKER  IN  THE  37TH  CONGRESS      233 

vigor  till  that  hour  shall  come;  but  when  peace  re 
turns,  resume  the  condition  and  the  arts  of  peace. 
Do  not  make  peace  until  the  glory  of  the  American 
flag  shall  be  its  own  defense." 

Senator  Baker  also  evinced  a  sad  prescience.  He 
continued :  — 

"I  am  one  of  those  who  believe  there  may  be  re 
verses.  I  am  not  quite  confident  we  shall  overrun 
the  Southern  States,  as  we  shall  have  to  overrun 
them,  without  severe  trials  of  our  courage -and  our 
patience.  They  are  a  brave,  determined  people, 
filled  with  their  enthusiasm ;  false  in  its  purpose,  as 
I  think,  but  still  one  which  animates  almost  all 
classes  of  the  population."  1 

The  reading  of  still  other  of  his  remarks  im 
presses  one  with  his  extraordinary  foresight.  When 
you  consider  President  Lincoln's  letters  to  General 
Grant  and  Secretary  Stanton's  communications  to 
General  Sherman,  as  the  rebellious  armies  were 
surrendering,  you  observe  that  the  Government 
insisted  on  precisely  the  conditions  which  Senator 
Baker  in  1861  declared  must  be  those  upon  which 
the  Government  would  end  the  war. 

The  following  day  Senator  Powell,  of  Kentucky, 
was  expending  his  intellect  in  explaining  how  im 
possible,  how  unlawful,  how  unconstitutional,  it 
would  be  for  the  Government  to  use  the  means  re 
quisite  to  suppress  the  rebellion.  Replying  to  the 
remarks  of  Senator  Baker  on  the  preceding  day, 
Mr.  Powell  said :  - 

1  Cong.  Globe,  1st  Session,  37th  Congress,  p.  45. 


234      THE  CONTEST  FOR  CALIFORNIA 

"The  Constitution  of  the  Senator's  country  and 
of  my  country  declares  that  'the  United  States 
shall  guarantee  to  every  state  in  this  Union  a  re 
publican  form  of  government ' ;  and  yet  the  Senator 
in  his  speech  proclaims  that  he  is  willing  to  reduce 
the  South  to  conquered  provinces,  and  give  them 
governors  from  Massachusetts  and  Illinois;  and  in 
the  very  same  speech  he  expresses  his  reverence  for 
the  Constitution.  Would  these  states  have  repub 
lican  governments  when  you  had  put  the  iron  heel 
of  your  military  power  on  them,  when  you  had 
overthrown  their  liberty,  when  you  had  deprived 
them  of  the  right  to  elect  governors,  and  sent  a 
Massachusetts  governor  to  Louisiana,  or  Texas,  or 
any  state  South?" 

At  this  point  Senator  Baker  interrupted  and  re 
marked,  "The  Senator  from  Kentucky  is  catechiz 
ing  me,  and  I  will  reply." 

Mr.  Powell:  "Not  catechizing." 

Mr.  Baker:  "It  was  very  courteously  done,  and 
I  will  reply  to  it.  He  accuses  me  of  want  of  rever 
ence  for  the  Constitution,  because  I  said  that,  in 
some  circumstances,  I  would  govern  those  states 
as  territories.  He  tells  me  that  the  Constitution 
guarantees  to  those  states  a  republican  form  of 
government.  I  tell  him  that  a  territorial  form  of 
government  is  a  republican  form  of  government, 
and  I  told  him  so  when  I  was  going  to  vote  to  ad 
mit  Kansas  as  a  state,  and  he  would  not.  It  is  true 
that  a  territorial  form  of  government  may  be  a  re 
publican  form  of  government  as  well  as  a  state  gov- 


BAKER  IN  THE  37TH  CONGRESS      235 

s 

ernment  may  be.  That  is  the  answer  to  that.  .  .  . 
If  they  will  not  come  here  as  states,  we  will  not  let 
them  out  of  the  Union  for  that  reason.  If  they  will 
not  govern  themselves  in  Congress,  we  will  govern 
them.  Rather  than  separate  from  them,  and  lose 
them,  we  will  govern  them  as  territories,  and  gov 
ern  them  a  great  deal  better  than  they  will  govern 
themselves."  l 

On  the  seventeenth  of  July  Senator  Baker  briefly 
but  forcibly  expressed  his  disapproval  of  the  propo 
sition  to  create  an  Army  Retiring  Board.  On  the 
29th  the  Senator  discussed  the  army  ration,  and 
said,  "I  confess  to  a  profound  astonishment  at  the 
report  of  the  Committee  of  Conference.  Sir,  I  will 
not  vote  for  it  in  any  part.  Two  thirds  of  the  time 
I  have  spent  with  the  troops  during  the  last  month 
has  been  to  rectify  the  difficulties  about  the  Com 
missary  Department  —  provisions.  There  is  not  a 
day  that  there  are  not  one  hundred  men  in  every 
regiment  in  this  army  who  go  to  bed  hungry.  I 
introduced,  and  was  able  to  carry  through  this 
body,  a  provision  increasing  the  article  of  bread, 
adding  a  little  beans,  and  giving  the  men  a  pound 
of  potatoes  a  day  three  times  a  week  if  practicable. 
To  my  great  astonishment  I  found  that  stricken 
out  by  the  Committee  of  Conference  and  a  poor, 
emasculated  substitute,  that  the  Commissary- 
General  may  change  the  character  of  the  ration, 
provided  the  expense  is  not  increased.  .  .  .  The 
proposition  stricken  out  of  this  report  gives  the 
private  soldier  twenty-two  ounces  of  dry  bread." 

1  Cong.  Globe,  1st  Session,  37th  Congress,  p.  69. 


236      THE  CONTEST  FOR  CALIFORNIA 

The  senator  then  went  on,  as  only  one  familiar 
with  the  subject  could,  referring  to  other  details, 
and  added:  "That,  with  a  little  sugar  and  coffee, 
and  three  quarters  of  a  pound  of  salt  meat,  practi 
cally  constitutes  his  rations.  Now  consider,  again, 
what  three  quarters  of  a  pound  of  salt  meat  is.  In 
the  first  place,  three  fifths  of  the  time  it  is  issued 
to  us  it  is  salt  pork,  that  fat  [the  honorable  Sena 
tor  illustrated  by  showing  the  length  of  his  hand], 
and  nearly  as  old  as  I  am  [laughter].  In  the  next 
place,  it  is  issued  to  us  by  the  barrel  —  two  hun 
dred  pounds  to  the  barrel,  whether  it  is  one  year 
old  or  three.  Every  merchant  knows,  you,  sir 
[Mr.  Chandler],  know,  the  difference  between  real 
weight  and  the  weight  we  buy.  In  the  next  place, 
if  sometimes  we  get  hams  —  such  hams !  You  eat 
a  piece  of  broiled  ham  for  breakfast.  If  you  buy 
three  quarters  of  a  pound  and  take  the  fat  and 
that  which  is  not  fit  to  eat,  the  bone,  the  spoiled 
part,  you  do  not  on  the  average  get  six  ounces  or 
seven  ounces  at  the  most  of  what  is  fit  to  go  into 
a  man's  stomach." 

Senator  Baker  further  explained  the  sufferings 
under  which  many  of  the  volunteers  were  laboring, 
and,  being  supported  by  Mr.  Sherman,  of  Ohio,  and 
others,  was  successful  in  having  the  report  of  the 
Conference  Committee  rejected  and  a  new  confer 
ence  called  for.1 

On  the  third  of  August  Mr.  Baker  contended  with 
both  the  Senators  from  Kentucky,  first,  in  favor  of 

1  Cong.  Globe,  1st  Session,  37th  Congress,  pp.  309,  310. 


BAKER  IN  THE  37TH  CONGRESS      237 

putting  out  of  office  a  disloyal  United  States  Judge 
whom  both  the  Kentucky  Senators  strongly  sup 
ported,  and  second,  creating  a  new  United  States 
District  Court  for  Kentucky  and  Missouri.1 

The  occurrence  of  greatest  interest  to  us  during 
the  session  was  Senator  Baker's  reply  to  Senator 
Breckinridge.  Mr.  Breckinridge  was  not  one  of 
the  most  astute  or  able  statesmen  in  the  Southern 
interest,  but  he  possessed  superior  powers  of  ora 
tory  and  his  prestige  at  this  time  was  great.  He 
had  been  Vice-President  of  the  United  States.  The 
day  he  ceased  to  hold  that  exalted  office  he  took 
his  place  in  the  Senate  as  one  of  the  two  represen 
tatives  from  the  State  of  Kentucky.  His  family, 
too,  was  honorably  distinguished.  As  many  of  the 
best  people  in  Kentucky  remained  faithful  to  the 
Union,  under  trials  of  their  fidelity  that  residents 
in  the  Northern  States  probably  never  appre 
ciated,  it  had  been  hoped  that  Mr.  Breckinridge 
would  see  it  his  duty  to  continue  true  to  his  oath  of 
office.  It  became,  alas,  early  evident  that  his  sym 
pathies  were  entirely  with  the  secessionists,  and 
with  them  he  finally  cast  in  his  lot  —  leaving  his 
state  fast  anchored  to  the  Union. 

It  was  known  that  Mr.  Breckinridge  had  been 
preparing  to  speak  upon  a  bill  "to  suppress  insur 
rection  and  sedition  and  for  other  purposes."  On 
Thursday,  the  first  of  August,  the  Senate  had  an  un 
usually  busy  day.  On  that  day  the  bill  mentioned 
was  a  special  order.  It  was  evident  to  Senators 

1  Cong.  Globe,  1st  Session,  37th  Congress,  p.  423. 


238      THE  CONTEST  FOR  CALIFORNIA 

that  Mr.  Breckinridge  was  now  about  to  deliver  the 
speech  which  he  had  been  preparing.  Mr.  Elaine 
describes  the  scene  when  Senator  Baker  replied  to 
Mr.  Breckinridge:  "On  the  first  of  August,  while 
performing  the  double  and  somewhat  anomalous 
duty  of  commanding  his  regiment  and  representing 
Oregon  in  the  Senate,  Mr.  Baker  entered  the  Cham 
ber  in  the  full  uniform  of  a  colonel  of  the  United 
States  Army.  He  laid  his  sword  upon  his  desk  and 
sat  for  some  time  listening  to  the  debate.  He  was 
evidently  impressed  by  the  scene  of  which  he  was 
himself  a  conspicuous  feature.  Breckinridge  took 
the  floor  shortly  after  Baker  appeared,  and  made  a 
speech  of  which  it  is  fair  criticism  to  say  that  it  re 
flected  in  all  respects  the  views  held  by  the  mem 
bers  of  the  Confederate  Congress  then  in  session  at 
Richmond.  Colonel  Baker  evidently  grew  restless 
under  the  words  of  Mr.  Breckinridge.  His  face  was 
aglow  with  excitement,  and  he  sprang  to  the  floor 
when  the  Senator  from  Kentucky  took  his  seat.  .  .  . 
It  is  impossible  to  realize  the  effect  of  the  words  so 
eloquently  pronounced  by  the  Oregon  Senator.  In 
the  history  of  the  Senate  no  more  thrilling  speech 
was  ever  delivered.  The  striking  appearance  of  the 
speaker  in  the  uniform  of  a  soldier,  his  superb 
voice,  his  graceful  manner,  all  united  to  give  to  the 
occasion  an  extraordinary  interest  and  attraction."  1 
Mr.  Blaine  was  evidently  unaware  of  some  of  the 
circumstances  under  which  Colonel  Baker  spoke. 
As  the  hour  when  the  Kentucky  Senator  was  ex- 

1  Blaine,  vol.  I,  p.  344. 


BAKER  IN  THE  37TH  CONGRESS      239 

pected  to  take  the  floor  drew  near,  several  Republi 
can  Senators  were  conferring  about  the  debate. 
They  felt  it  important  that  a  reply  to  the  expected 
address  should  go  out  with  the  same  dispatches  that 
should  spread  the  speech  abroad.  As  one  Senator 
said,  "The  antidote  must  go  with  the  poison." 
When  it  was  asked  who  should  be  selected  to  make 
the  reply,  instantly  to  put  before  the  country  the 
case  for  loyalty  and  the  Government,  the  answer 
was  Baker,  and  the  wisdom  of  the  choice  was  at 
once  recognized.  "Well,"  it  was  asked,  "where  is 
Baker? "  Messengers  were  sent  in  haste  to  discover 
the  Oregon  Senator.  He  was  found  drilling  his  regi 
ment  and  was  told  he  was  wanted  in  the  Senate. 
He  sprang  into  his  saddle  and  rode  to  the  Capitol. 
He  was  met  on  his  arrival  at  the  Senate  Chamber 
by  some  of  his  colleagues,  who  explained  the  situa 
tion.  There  was  no  time  to  change  his  apparel,  so 
he  sat  down  at  his  desk.  And  that  is  how  Colonel 
Baker  chanced  to  speak  in  his  colonel's  uniform  in 
the  Senate,  and  to  be,  I  believe,  the  only  man  who 
ever  spoke  in  military  uniform  in  both  houses 
of  Congress.1  Directly  the  speech  was  concluded. 
Colonel  Baker  remounted  his  horse  and  rode  back 
to  his  regiment  at  the  foot  of  Meridian  Hill,  about 
a  mile  from  the  Capitol. 

Senator  Latham  in  his  remarks  in  the  memorial 

1  The  circumstances  relating  to  Senator  Baker's  reply  to  Senator 
Breckinridge  were  narrated  to  me  by  a  senator  who  was  one  of  those 
who  sent  for  the  Colonel.  Colonel  Baker's  speech  in  the  House  of 
Representatives  is  described  on  pages  102  and  103  of  this  book. 


240      THE  CONTEST  FOR  CALIFORNIA 

session  for  Baker,  in  the  Senate,  said,  "In  my  judg 
ment  his  impromptu  reply  to  Senator  Breckinridge, 
during  our  session  in  July,  was  his  best  in  the 
Senate."  1 

The  last  appearance  of  Colonel  Baker  in  the 
Senate  was  on  the  sixth  of  August,  1861,  which  is 
noted  in  the  "Globe"  as  follows:  "Mr.  Baker 
stated  that  he  had  declined  to  accept  the  office  of 
brigadier-general  tendered  to  him  by  the  President 
of  the  United  States.  He  considered  it  his  duty 
to  make  this  statement,  as  the  matter  had  been 
spoken  of."  2 

1  Cong.  Globe,  2d  Session,  37th  Congress,  part  1,  p.  55. 

2  Ibid.,  1st  Session,  37th  Congress,  p.  455. 


CHAPTER  XIV 

THE    LOYAL    REVIVAL    IN    CALIFORNIA  —  T.     STARR 
KING  —  SECESSIONISTS    DEPART    FOR   THE    SOUTH 
-  EFFICIENCY    OF    THE    VOLUNTEERS  —  MUNIFI 
CENT   GIFTS   TO   THE   SANITARY   COMMISSION 

IN  one  of  his  reports,  referred  to  in  a  preceding 
chapter,  General  Sumner  declared  that  he  found 
the  Union  men  of  California  supine.  This  is  suscep 
tible  of  explanation  entirely  creditable  to  their  citi 
zenship.  At  first  they  were  unaware  of  the  extent 
and  virulence  of  the  disunion  movement  in  the 
South.  In  this  respect  they  were  no  more  ignorant 
than  the  people  of  the  North,  the  generality  of 
whom,  we  understood,  long  cherished  the  hope 
that  war  would  be  averted.  Then,  as  most  of  the 
scheming  and  contriving  of  the  secessionists  on  the 
coast  was  carried  on  in  secret,  Union  men  were  in 
credulous  as  to  rumors  and  stories  of  disloyal  plots 
near  home.  With  the  assumption  of  the  command 
of  the  forces  of  the  Regular  Army  by  General 
Johnston  there  was  a  shock  and  a  realization  of 
being  at  a  disadvantage.  Perhaps  a  feeling  of  help 
lessness,  more  or  less  warranted.  Again,  the  Repub 
licans  had  never  exercised  any  authority  in  affairs. 
They  were  unaccustomed  to  responsibility.  How 
could  they  be  expected  to  act  against  the  combined 
power  of  the  National  and  State  Governments? 


242      THE  CONTEST  FOR  CALIFORNIA 

General  Sumner  was  writing  in  June;  but  on  the 
twenty-second  of  February  a  Union  meeting  was 
held  in  San  Francisco  at  which,  it  was  estimated, 
there  were  fully  fourteen  thousand  people  present. 
As  an  expression  of  sentiment  this  was  imposing,  but 
the  power  still  lodged  in  the  other  party.  Union  men, 
however,  began  to  organize  clubs.  One  of  the  first 
steps  was  taken  in  San  Francisco.  Sheriff  Doane,  in 
conjunction  with  David  Scannell,  chief  of  the  vol 
unteer  fire  department,  where  Broderick's  influence 
still  survived,  collected  nearly  a  thousand  loyal  men 
into  companies.  Similar  work  was  done  in  other 
towns.  The  firing  on  Fort  Sumter  aroused  the  loyal 
ists  and  the  arrival  of  General  Sumner  inspired  them 
with  confidence.  Among  the  earliest  organized  asso 
ciations  to  feel  the  impulse  were  the  churches.  There 
were,  to  be  sure,  disloyal  clergymen,  pastors  of  dis 
loyal  churches.  But  throughout  the  state,  gener 
ally,  Jews  and  Christians,  Catholics  and  Protes 
tants,  were  merged  in  one  fervid  mass  of  determined 
loyalists,  and  the  Stars  and  Stripes  were  flung  to  the 
breeze  from  many  steeples.  The  Catholic  Arch 
bishop  Alemany,  owing  to  the  influence  of  his  char 
acter  and  his  powerful  ecclesiastical  position,  was 
especially  serviceable  in  the  cause. 

The  leader  of  loyal  sentiment,  the  prophet,  the 
Voice  of  patriotism,  was  the  Reverend  Thomas 
Starr  King.  Called  from  Boston  to  the  pastorate  of 
an  influential  church  in  San  Francisco,  Mr.  King 
hoped  to  repair  his  delicate  health  in  the  genial 
climate  of  California.  He  sailed  from  New  York  on 


THE  LOYAL  REVIVAL  IN  CALIFORNIA    243 

the  fifth  of  April,  1860,  by  the  wooden  side-wheel 
steamer  Northern  Light,  and  arrived  in  San  Fran 
cisco  about  the  first  of  May.  He  soon  carried  the 
popularity  of  his  church  beyond  all  previous  heights, 
and  when  the  occasion  offered  he  flung  himself  into 
the  advocacy  of  the  Union  with  remarkable  fervor 
and  power. 

Errors  relating  to  Mr.  King's  work  have  grown 
up  in  the  East.  A  New  York  daily  paper  recently 
stated  that  Mr.  King's  speeches  did  much  to  give 
the  electoral  vote  of  California  to  Lincoln.  In  point 
of  fact,  Mr.  King  did  little  or  nothing  to  that  end. 
An  illustrated  weekly  paper  published  in  New 
York  declared  not  long  ago  that  Mr.  King  saved 
California  from  secession.  Now,  no  California  loy 
alist  would  allow  himself  to  be  driven  into  a  posi 
tion  where  he  must  seem  to  depreciate  the  services 
and  influence  of  "Starr  King,"  as  he  was  called. 
The  history  that  shall  preserve  the  knowledge  of  the 
ardor  of  Henry  Ward  Beecher  in  supplying  heart 
and  spirit  and  faith  and  fervor  and  conquering  de 
termination  to  the  Union  cause  in  the  East,  during 
the  trying  days  and  years  of  the  Civil  War,  —  so 
that  President  Lincoln,  when  sending  the  Brooklyn 
pastor  to  celebrate  the  hoisting  of  the  Union  flag 
over  Fort  Sumter  after  that  famous  ruin  was  retaken 
by  the  government  forces,  could  say  that  if  it  had 
not  been  for  Mr.  Beecher  there  might  not  have 
been  any  Union  flag  to  hoist,  —  that  history  must 
ever  bear  upon  its  glowing  page  the  name  of  T.  Starr 
King  for  similar  service  in  the  imperiled  West  be- 


244      THE  CONTEST  FOR  CALIFORNIA 

yond  the  Sierra  Nevada.  Sumner  had  guns,  and 
men  to  use  them.  Starr  King  revived  and  led  the 
irresistible  force  of  public  sentiment.  Sumner  over 
awed  the  secession  conspirators.  Starr  King  aroused 
Union  men  to  enthusiasm,  organization,  coopera 
tion,  action.  The  command  of  the  soldier  was,  "No 
surrender  to  rebels."  The  orator  chanted  in  inspir 
ing  tones,  — 

"  We  are  coming,  Father  Abraham, 
Three  hundred  thousand  more." 

Or,  if  there  were  not  quite  so  many,  there  were 
enough. 

On  the  evening  of  Memorial  Day,  1899,  the 
American  Unitarian  Association  held  a  service  in 
Tremont  Temple,  Boston,  "to  commemorate  the 
patriotic  services  of  some  of  its  great  leaders  during 
the  Civil  War."  Mr.  Horace  Davis,  speaking  for 
Starr  King,  made  these  remarks:  — 

"When  in  the  spring  of  1861  the  cotton  states 
resolved  to  secede,  he  determined  at  once  to  throw 
himself,  with  all  his  heart  and  all  his  strength,  into 
the  fight  against  secession.  California  was  in  a  pe 
culiar  position;  a  large  part  of  her  citizens,  power 
ful  in  wealth  and  social  position,  favored  the  South; 
another  portion  was  loyal  to  the  Union;  while  be 
tween  the  two  opposing  forces  stood  the  lukewarm 
and  timid  —  no  inconsiderable  number  -  -  and 
doubted  the  wisdom  or  prudence  of  using  force 
against  the  rebels.  To  stimulate  the  patriotism  of 
the  loyal,  to  convince  the  doubters  and  bring  them 
into  the  Union  lines,  was  the  task  Mr.  King  set  for 


THE  LOYAL  REVIVAL  IN  CALIFORNIA   245 

himself.  In  the  blaze  of  the  intense  feeling  of  that 
period  he  wrote  the  fine  lectures  on  'Washington, 
Father  of  his  Country,'  *  Lexington  and  Concord,' 
and  '  Webster,  Defender  of  the  Constitution,'  in  the 
hope  that,  by  reviving  the  traditions  of  the  fathers 
and  the  memory  of  their  heroic  struggles  and  suf 
ferings,  he  might  bring  very  vividly  to  their  minds 
the  treason  and  wickedness  of  destroying  the  Re 
public.  And  after  the  war  actually  began  he  fol 
lowed  with  still  more  intense  appeals  to  the  patriot 
ism  of  the  people.  Armed  with  these  he  went 
through  the  length  and  breadth  of  the  state,  fighting 
for  California  to  save  her  to  the  Union.  His  power 
and  influence  were  soon  felt,  and  strong  measures 
were  used  to  force  him  out  of  the  field.  He  received 
anonymous  letters  hinting  at  assassination.  He  was 
openly  threatened  with  personal  violence.  Pistols 
were  actually  drawn  on  him  in  rude  interior  camps ; 
but  no  persuasion  either  of  love  or  fear  could  turn 
him  from  what  he  deemed  his  high  privilege  of  de 
fending  his  country.  He  never  ceased  his  labors 
till  the  verdict  of  the  ballot  in  September  con 
firmed  his  appeals  and  our  state  became  unalterably 
loyal.1  Then  came  a  lull,  but  the  tide  of  feeling  was 
running  too  high  for  any  permanent  repose.  Men 
began  to  ask:  'Why  are  we  doing  nothing?  The 
fight  is  going  on.  Our  brethren  of  the  East  are  sus 
taining  the  country  in  her  time  of  trial  with  men 
and  with  money  and  we  are  doing  nothing.  If  the 
Government  thinks  it  best  not  to  call  on  us  for 

1  In  1861. 


246      THE  CONTEST  FOR  CALIFORNIA 

men,1  we  can  at  least  send  our  money  for  the 
wounded,  the  sick,  and  the  suffering/  Mr.  King 
entered  into  this  movement  with  intense  energy, 
for  it  appealed  to  his  whole  nature.  Patriotism, 
humanity,  and  religion  all  beckoned  him  into  the 
field  again.  He  traversed  the  state  in  its  length  and 
breadth,  appealing  to  their  love  of  country  and  their 
pity  for  the  sick  and  wounded  soldiers,  organizing 
committees  everywhere  to  carry  on  the  work,  over 
the  Siskiyou  Mountains  by  stage  to  Oregon,  and 
on  north  to  Puget  Sound.  You  know  the  result, 
the  inestimable  mercies  and  comforts  that  came  to 
our  men  from  these  gifts.  The  Pacific  Coast  gave 
nearly  a  million  and  a  half  dollars;  and  its  gifts 
came  at  the  most  critical  period,  when  they  could 
do  the  greatest  good." 

Here  is  no  exaggeration.  Indeed,  the  fame  of  Mr. 
King  would  have  justified  a  panegyric  even  more 
glowing.  "One  star  differeth  from  another  star  in 
glory."  There  is  enough  for  King  and  Sumner  and 
Baker. 

So  little  of  a  permanent  character  is  written 
about  one  who  deserves  so  much  renown  that  I  am 
sure  I  shall  be  pardoned  for  incorporating  here 
some  things  relative  to  Mr.  King  that  are  not 
essential  to  the  main  purpose  of  this  book,  although 
they  portray  conditions  in  the  states  we  are  con 
cerned  with.  Mr.  R.  B.  Swain,  at  a  meeting  of  Mr. 

1  Mr.  Davis  is  slightly  inexact.  California  was  —  somewhat 
tardily  —  responding  to  the  first  requisition  for  volunteers  months 
before  the  election  of  1861.  —  E.  R.  K 


THE  LOYAL  REVIVAL  IN  CALIFORNIA     247 

King's  religious  society  in  San  Francisco  after  the 
death  of  their  pastor,  read  many  familiar  letters 
which  he  had  received  during  the  tours  which  have 
been  mentioned.  In  a  communication  from  Yreka, 
on  the  twenty-ninth  of  May,  1861,  Mr.  King  wrote: 

"Here  I  am,  perched  on  the  top  of  the  state, 
where  I  can  almost  toss  a  copper  or  *  five-cent  piece' 
over  to  the  Yankees  in  Oregon  —  but  I  don't  try  it, 
for  fear  of  corrupting  their  Union  principles.  My 
health  is  very  good.  The  journey  has  been  quite 
fatiguing.  From  Shasta  to  Yreka  we  were  twenty- 
seven  hours  on  the  road,  and  I  had  an  outside  seat 
day  and  night,  without  a  shawl.  But  I  am  all  right, 
and  my  brain  has  settled  again  right  side  up,  I  be 
lieve.  .  .  .  To-night  I  am  to  speak  in  a  village 
with  the  sweet  name  of  'Dead- Wood,'  and  to 
morrow  I  shall  dine  and  sleep  at  your  brother's  in 
Scott  Valley,  and  speak  in  the  evening  at  the  very 
important  and  cultivated  settlement  of  '  Rough  and 
Ready.'  'Scott's  Bar'  honors  me.  'Horse  Town'  is 
after  me.  '  Mugginsville '  bids  high.  'Oro  Fino' 
applies  with  a  long  petition  of  names.  'Mad  Mule' 
has  not  yet  sent  in  a  request,  nor  'Piety  Hill'  nor 
'  Modesty  Gulch,'  but  doubtless  they  will  be  heard 
from  in  due  time.  The  Union  sentiment  is  strong, 
but  the  secessionists  are  watchful  and  not  in 
despair." 

In  1862  Mr.  King  made  another  tour.  Writing 
again  from  Yreka,  in  July,  he  said :  — 

"We  rode  all  night  of  Saturday  through  from 
1  Representative  Men,  p.  196. 


248      THE  CONTEST  FOR  CALIFORNIA 

Shasta  here,  making  the  trip  in  twenty-four  hours. 
The  journey  from  here  will  be  trebly  hard,  and  I 
almost  regret  that  I  made  the  overland  trial.  From 
Jacksonville,  where  we  go  to-morrow,  to  Salem, 
will  be  as  tough  as  it  can  be  —  it  will  take  three  or 
four  days.1  I  doubt  if  I  shall  have  time  to  see  all  I 
wish  to  at  Oregon  and  Puget  Sound.  It  will  take 
me  another  week  to  reach  Portland,  and  I  begin 
to  fear  that  I  shall  have  to  abandon  the  Puget 
Sound  and  Victoria  expedition.  And  the  ex 
penses  are  simply  frightful.  It  cost  me  over  $80 
for  passage  from  Marysville  to  Shasta  Town,  and 
if  I  travel  through  part  of  Oregon  by  extras,  as  I 
must,  $60  a  day  will  be  the  lowest  I  can  do  it  for, 
and  I  have  purchased  through  tickets  besides."  2 

The  effects  produced  in  California  by  the  news 
of  war  in  South  Carolina  were,  among  the  faithful, 
much  the  same  as  the  effects  in  the  loyal  states 
in  the  East.  There  were  public  demonstrations  in 
many  places.  A  Union  meeting  in  San  Francisco, 
early  in  May,  was  so  vast  that  the  entire  business 
of  the  city  was  suspended,  as  if  it  were  a  legal 
holiday.  The  feeling  among  the  disloyal  was  dif 
ferent  from  the  silent  gloating  of  Northern  Copper 
heads.  The  Southern  element  in  California,  irre 
spective  of  numbers,  was  the  dominant  element. 
It  had  governed  so  long,  and  filled  all  the  offices, 
federal  and  state,  so  many  years,  that  it  felt  a  sense 

1  Over  these  same  mountain  roads  Colonel  Baker  journeyed  when 
he  captured  the  State  of  Oregon. 

2  Representative  Men,  p.  197. 


THE  LOYAL  REVIVAL  IN  CALIFORNIA    249 

of  proprietorship  in  the  Government.  The  tidings 
that  had  evoked  these  Union  demonstrations  were 
tidings  of  a  Southern  victory;  to  the  disloyal  an 
auspicious  opening  of  the  premeditated  conflict. 
What  should  hinder  their  redeeming  the  pledges  of 
Gwin  and  Company  to  line  their  state  up  with  the 
South?  Nothing  but  General  Simmer.  If  the  forts 
could  have  been  "acquired,"  as  they  were  in  Texas 
through  the  perfidy  of  the  infamous  Twiggs;  if 
an  officer  capable  of  surrendering  the  government 
forts  at  the  demand  of  a  state  had  been  in  com 
mand  of  the  military  department  that  extended 
from  Vancouver  to  San  Diego;  if  the  detachment 
of  the  Nation's  Regular  Army  which  had  been  sent 
out  to  guard  that  distant  field  could  have  been  ren 
dered  useless  and  impotent;  the  Pacific  Republic 
would  have  been  proclaimed.  But  Sumner  was  in 
command  —  and  in  control. 

I  do  not  intimate  that  General  Johnston  would, 
even  under  the  malign  power  of  his  cherished 
theory  of  state  sovereignty,  have  developed  into 
another  Twiggs.  He  might  have  surprised  every 
body  and  disappointed  those  who  placed  him  in 
command  —  Gwin,  Floyd,  et  al.  —  by  refusing  to 
play  the  part  for  which  he  had  been  cast.  It  is  use 
less  to  conjecture  what  might  then  have  happened; 
the  secession  ranks  were  full  of  desperate  men. 
General  Sumner  said  in  his  first  report  to  Wash 
ington:  "It  gives  me  pleasure  to  state  that  the 
command  wras  turned  over  to  me  in  good  order. 
General  Johnston  had  forwarded  his  resignation 


250-   THE  CONTEST  FOR  CALIFORNIA 

before  I  arrived,  but  he  continued  to  hold  the  com 
mand  and  was  carrying  out  the  orders  of  the  Gov 
ernment."  General  Johnston's  resignation  from 
the  Army  was  dated  the  ninth  of  April.  It  was  ac 
cepted  by  the  Secretary  of  War  on  the  third  of  May.2 
The  Army  Regulations  of  that  time,  having  all  the 
force  of  law,  provided:  "No  officer  will  be  consid 
ered  out  of  service  on  the  tender  of  his  resignation, 
until  it  shall  have  been  duly  accepted  by  the  pro 
per  authority.  In  time  of  war  .  .  .  resignations 
shall  take  effect  within  thirty  days  from  the  date 
of  the  order  of  acceptance."  I  have  been  unable 
to  learn  the  precise  date  when  General  Johnston 
was  thus  released  from  his  obligations  to  the  Army. 
The  letter  notifying  him  of  the  acceptance  of  his 
resignation  was  dated  the  sixth  of  May 3  and  was 
doubtless  in  his  hands  early  in  June.  He  appears 
to  have  remained  decorously  quiescent  in  the  mean 
time.  Shortly  after  receiving  his  release  General 
Johnston  started  overland  in  a  company  of  about 
two-score,  of  whom  several  had  tendered  their  resig 
nations  from  the  Army.  They  crossed  the  Colorado 
River  at  Fort  Yuma  on  the  first  of  July.  The  noto 
rious  Judge  Terry  was  in  another  party,  the  mem 
bers  of  which  are  said  to  have  stolen  the  horses  on 
which  they  rode  to  the  Confederacy.  A  party  of 
eighteen,  led  by  a  rabid  secessionist  named  Dan 

1  Rebellion  Records,  series  L,  vol.  L,  part  1,  pp.  471,  472. 

2  Ibid.,  pp.  463,  464. 

3  Letter  of  the  Adjutant-General  to  me  August  28,  1911.-— 
E.  R.  K. 


THE  LOYAL  REVIVAL  IN  CALIFORNIA    251 

Showalter,  was  captured  by  a  detachment  of  the 
First  California  Volunteer  Infantry,  on  the  border 
of  the  desert,  on  the  twenty-ninth  of  November,1 
pursuant  to  Colonel  Wright's  determination  to  pre 
vent  further  reinforcements  of  the  rebel  armies  by 
Calif  ornians.2  The  disloyalists  who  remained  abated 
none  of  their  ardor  and  occasionally  some  hot-head 
committed  an  overt  act.  But  the  strength  of  the 
military  was  too  great  and  too  manifest  for  them. 
And  Union  men,  inspired  by  the  eloquence  of 
Starr  King,  Thomas  Fitch,  Henry  Edgerton,  Ed 
ward  Stanly,  and  others,  were  organized,  alert,  and 
determined.  When  Leland  Stanford  became  gov 
ernor,  in  January,  1862,  the  State  Government 
at  last  assumed  the  attitude  of  hearty  support  of 
President  Lincoln's  Administration. 

To  those  historians  who  have  slighted  Cali 
fornia  and  asserted  that  the  state  bore  none  of  the 
burdens  of  the  War  for  the  Union  I  commend  a 
reading  of  the  following:  — 

HEADQUARTERS  DEPARTMENT  OF  THE  PACIFIC, 
SAN  FRANCISCO,  October  1,  1861. 

Lieut. -Col.  George  A.  H.  Blake, 
First  Cavalry,  U.  S.  Army, 

Comdg.  Fort  Churchill,  Nevada  Territory. 
SIR:  The  general  commanding  the  department  directs 
me  to  inform  you  that  all  the  Regular  infantry  and 
cavalry  on  this  coast  have  been  ordered  to  New  York. 

1  Rebellion  Records,  series  L,  vol.  L,  part  1,  p.  30. 

2  My  friend  Mr.  James  R.  Morse  has  kindly  written  an  account 
of  meeting  such  a  party,  who  had  got  tired  of  waiting  for  action  in 
California.  Mr.  Morse's  narrative  appears  on  page  340. 


THE  CONTEST  FOR  CALIFORNIA 

The  general  desires  you  to  have  your  command  in  readi 
ness  to  be  relieved  by  volunteer  troops.  .  .  . 

Very  respectfully,  your  obedient  servant, 

RICHD  C.  DRUM, 
Assistant  Adjutant-General.1 

And  this  should  be  read  also:  - 

SAN  FRANCISCO,  October  1,  1861  —  3  P.M. 
Col.  B.  L.  Beall, 

First  Cavalry,  U.  S.  Army,  Comdg.  Dist.  of  Oregon, 

Fort  Vancouver,  Wash.  Ter. : 

Notify  the  regular  troops  in  the  District  of  Oregon  to 
be  in  readiness  to  be  relieved  by  volunteers.  ...  All 
the  Regulars  go  to  New  York. 

RICHD  C.  DRUM, 
Assistant  Adjutant-General.2 

This  was  effective  service  on  the  part  of  the  volun 
teers  of  the  Pacific  States,  garrisoning  the  forts  and 
army  posts  and  thus  supplying  the  Eastern  armies 
with  educated,  skillful  officers  and  disciplined  and 
seasoned  soldiers,  in  the  early  months  of  the  war, 
when  the  qualities  possessed  by  the  experienced 
Regulars  were  needed  but  lacking  in  the  Union 
armies.  The  volunteers  had  also  much  to  do  be 
sides  garrison  duty.  There  were  Indian  raids  on 
established  settlements  and  savage  attacks  on  emi 
grants  crossing  the  Plains,  a  kind  of  war  calling  for 
the  greatest  sagacity  on  the  part  of  officers  and 
the  greatest  bravery  and  steadiness  on  the  part  of 
the  men.  Then,  the  relay  stations  on  the  overland 
stage  route  had  to  be  guarded  to  prevent  the  rebels 
from  getting  possession  of  rich  silver  mines.  And 

1  Rebellion  Records,  series  I,  vol.  L,  part  1,  p.  644. 

2  Ibid.,  p.  644. 


THE  LOYAL  REVIVAL  IN  CALIFORNIA    253 

all  the  time  a  close  watch  had  to  be  kept  on  the 
disloyal;  otherwise  a  smouldering  fire  might  easily 
have  burst  into  flame.  If  the  nature  of  their  tasks 
afforded  the  Pacific  Coast  volunteers  less  oppor 
tunity  for  winning  military  glory  than  their  com 
rades  had  under  Grant,  Sherman,  Thomas,  Sheri 
dan,  and  the  rest,  nevertheless  their  alacrity,  their 
zeal,  their  unwavering  fidelity  under  depressing 
conditions,  and  the  indispensable  service  they  ren 
dered,  entitle  them  to  the  gratitude  of  the  Nation 
and  the  recognition  of  history. 

Nor  should  annalists  ignore  the  munificent  gifts 
of  the  Pacific  Slope  to  the  merciful  work  of  the 
Sanitary  Commission  in  the  Eastern  armies.  Dur 
ing  the  war  the  people  of  California  contributed 
$1,234,257.31  to  the  Commission,  and  Oregon,  Ne 
vada,  and  the  rest  of  the  coast  gave  $234,506.25 
more.1 

The  sympathy  of  that  isolated  but  faithful  sec 
tion  was  touchingly  expressed  in  a  short  poem  by 
Bret  Harte:- 

OUR  PRIVILEGE 

Not  ours,  where  battle  smoke  upcurls, 

And  battle  dews  lie  wet, 
To  meet  the  charge  that  treason  hurls 

By  sword  and  bayonet. 

Not  ours  to  guide  the  fatal  scythe 

The  fleshless  reaper  wields; 
The  harvest  moon  looks  calmly  down 

Upon  our  peaceful  fields. 

1  Bancroft,  vol.  vn,  p.  295. 


254     THE  CONTEST  FOR  CALIFORNIA 

The  long  grass  dimples  on  the  hill, 

The  pines  sing  by  the  sea, 
And  Plenty,  from  her  golden  horn, 

Is  pouring  far  and  free. 

O  brothers  by  the  farther  sea! 

Think  still  our  faith  is  warm; 
The  same  bright  flag  above  us  waves 

That  swathed  our  baby  form. 

The  same  red  blood  that  dyes  your  fields 
Here  throbs  in  patriot  pride;  — 

The  blood  that  flowed  when  Lander  fell, 
And  Baker's  crimson  tide. 

And  thus  apart  our  hearts  keep  time 

With  every  pulse  ye  feel, 
And  Mercy's  ringing  gold  shall  chime 

With  Valor's  clashing  steel. 


CHAPTER  XV 

BEGINNING  OF  HOSTILITIES  —  COLONEL  BAKER 
SPEAKS  AT  THE  UNION  SQUARE  MEETING  —  A  BRI 
GADE  RAISED  FOR  HIM  —  EXPERIENCES  IN  CAMP 
AND  FIELD 

WHEN  Mr.  Lincoln  assumed  the  duties  of  the  Presi 
dency  several  states  had  already  seceded  and  pre 
pared  for  war  against  the  Government.  Actual  hos 
tilities  began  on  the  twelfth  of  April,  1861,  when 
South  Carolina  troops  fired  on  Fort  Sumter,  in 
Charleston  Harbor.  With  a  traitor  as  Secretary 
of  War  and  the  President  an  imbecile,  reinforce 
ments,  supplies,  and  munitions  had  been  withheld 
until  the  rebels  had  erected  batteries  that  made  it 
impossible  for  a  government  ship  to  reach  the  fort. 
The  defense  was  at  first  vigorous;  but,  their  am 
munition  all  used  up  and  their  supply  of  food  ex 
hausted,  the  little  garrison  finally  evacuated  the 
fort,  marching  out  with  colors  flying. 

Throughout  the  North,  and  among  the  faithful  in 
the  Border  States,  the  response  to  this  attack  was 
the  most  tremendous  and  overpowering  outburst 
of  loyalty  the  world  has  ever  seen.  One  week  after 
the  government  troops  left  Fort  Sumter  they  ap 
peared  with  their  commander,  Major  Robert  An 
derson,  at  a  meeting  in  Union  Square,  New  York 


256      THE  CONTEST  FOR  CALIFORNIA 

City.1  Several  stands  had  been  erected  from  which 
eminent  men  spoke — among  them  the  Senator  from 
Oregon.  Unknown  in  the  East,  an  unheralded  stran 
ger,  Colonel  Baker  on  being  introduced  instantly 
arrested  attention.  His  handsome  figure,  beauti 
ful,  spiritual  face,  prematurely  white  hair,  marvel 
ous  gray  eyes,  and  his  grace  and  distinction  of  move 
ment  "gave  the  world  assurance  of  a  man."  He 
waited,  silent,  a  moment,  —  a  habit  of  his,  practiced 
to  obtain  attention,  —  and  then  the  splendid  tones 
of  that  incomparable  voice  carried  clear  and  far  to 
thousands.  His  first  words  rose  to  the  height  of  the 
occasion:  "  The  majesty  of  the  people  is  here  to-day 
to  sustain  the  majesty  of  the  Constitution  [cheers], 
and  I  come,  a  wanderer  from  the  far  Pacific,  to  re 
cord  my  oath  along  with  yours  of  the  great  Em 
pire  State."  Shout  after  shout  of  wild  enthusiasm 
followed  almost  every  sentence.  George  D.  Pren 
tice  was  quoted  as  declaring  Colonel  Baker's  ad- 

1  The  late  William  M.  Evarts  said  in  a  speech  at  Cooper  Institute, 
November  1, 1876:  "I  was  one  of  five  men  that  on  Tuesday  after 
the  firing  on  Fort  Sumter  met  in  a  private  office  in  Pine  Street  to  feel 
the  pulse  of  this  people,  to  arouse  them  and  call  a  public  meeting, 
and  we  did  not  know  whether  we  dared  do  it,  lest  the  fewness  of  the 
numbers  should  be  counted  and  the  game  should  be  lost;  and  we  did 
not  dare  to  take  the  Academy  of  Music  for  fear  our  shrunken  columns 
would  display  the  poorness  of  the  patriotism  of  New  York.  But  by 
Saturday,  the  19th,  we  determined  there  was  no  place  that  could 
hold  the  loyal  people  — the  organized  loyal  people  —  and  on  the 
19th  day  of  April  we  had  100,000  men  there,  and  there  would  have 
been  100,001  if  Governor  Tilden  had  been  there  [laughter  and  ap 
plause].  There  were  99,999  without  Fernando  Wood,  and  he  was 
there."  I  am  indebted  to  Allen  W.  Evarts,  Esquire,  for  obtaining  for 
me  this  excerpt  from  his  father's  speech.  —  E.  R.  K. 


COLONEL  BAKER  IN  THE  FIELD     257 

dress  the  most  eloquent  delivered  by  an  American 
since  Patrick  Henry's  speech  concluding  with  "  Give 
me  liberty  or  give  me  death."  The  closing  was 
worthy  the  beginning:  — 

"And  if  from  the  far  Pacific  a  voice  feebler  than 
the  feeblest  murmur  upon  its  shore  may  be  heard, 
to  give  you  courage  and  hope  in  the  contest,  that 
voice  is  yours  to-day.  And  if  a  man  whose  hair  is 
gray,  who  is  well-nigh  worn  out  in  the  battle  and 
toil  of  life,  may  pledge  himself  on  such  an  occasion 
and  in  such  an  audience,  let  me  say,  as  my  last 
word,  that  when  amid  sheeted  fire  and  flame  I  saw 
and  led  the  hosts  of  New  York  as  they  charged  in 
contest  on  a  foreign  soil  for  the  honor  of  the  flag, 
so  again,  if  Providence  shall  will  it,  this  feeble  hand 
shall  draw  a  sword  never  yet  dishonored,  not  to 
fight  for  honor  on  a  foreign  soil,  but  for  country,  for 
home,  for  law,xfor  Government,  for  Constitution, 
for  right,  |0f  freedom,  for  humanity  —  and  in  the 
hope  thai:  the  banner  of  my  country  may  advance, 
and  wheresoever  that  banner  waves  there  glory 
may  pursue  and  freedom  be  established."  [Tremen 
dous  and  prolonged  cheering.] 

On  the  fifteenth  of  the  month  President  Lincoln 
called  for  volunteers.  On  the  21st,  a  meeting  of 
citizens  and  former  citizens  of  California  and  Ore 
gon  was  held  at  the  Metropolitan  Hotel  in  New 
York  City,  nearly  three  hundred  being  present. 
It  was  there  resolved  "to  raise  and  offer  to  the  Gov 
ernment  a  regiment,  to  be  composed  as  far  as  possi 
ble  of  persons  at  some  time  residents  of  California." 


258      THE  CONTEST  FOR  CALIFORNIA 

The  chairman  of  the  meeting,  the  Honorable  J.  C. 
Birdseye,  wrote  to  Senator  Baker  that  it  was  unan 
imously  resolved  that  he  be  requested  to  accept 
the  colonelcy  of  the  regiment.  It  was  stated  that 
already  "about  six  hundred  men  have  been  en 
rolled  and  are  now  under  drill  by  competent  instruct 
ors,  and  we  hope  within  the  next  forty-eight  hours 
to  be  able  to  apprise  you  that  the  full  complement 
of  men  is  enrolled  and  ready  to  be  mustered  into 
service."  Senator  Baker  at  once  wrote  to  the  Hon 
orable  Simon  Cameron,  Secretary  of  War,  inclos 
ing  a  copy  of  Judge  Birdseye's  letter  and  offering 
the  regiment  for  service.  On  Colonel  Baker's  letter 
was  the  following  indorsement:  - 

I  most  cordially  concur  in  raising  the  regiment  sug 
gested  by  Senator  Baker,  and  I  hope  this  patriotic 
movement  will  be  authorized. 

JOHN  E.  WOOL,  Major-General.1 

From  a  veteran  major-general  of  the  Regular  Army 
who  had  seen  Baker  in  service  in  Mexico,  this  was 
very  high  approval.  Secretary  Cameron  immedi 
ately  authorized  the  Colonel  to  raise  a  regiment  of 
infantry,  "to  be  taken  as  a  portion  of  any  troops 
that  may  be  called  from  the  State  of  California  by 
the  United  States,  and  to  be  known  as  the  Califor 
nia  Regiment." 2  Recruiting  began  also  in  Pennsyl 
vania,  under  Isaac  J.  Wistar, "  who  had  commanded 
Indian  Rangers  in  California  and  Oregon  in  1850, 
and  who  had  had  considerable  experience  in  the 

1  Rebellion  Records,  series  L,  vol.  L,  part  I,  p.  470. 

2  Ibid.,  p.  480. 


COLONEL  BAKER  IN  THE  FIELD      259 

warfare  incidental  to  the  early  settlements  of  the 
Pacific  Coast."  \  The  ranks  were  soon  filled,  but  it 
was  found  impracticable  to  credit  the  regiment  to 
California.  Nor  was  it  entirely  a  New  York  or  a 
Pennsylvania  regiment.  Having  been  raised  by 
authority  of  the  President  of  the  United  States  it 
was  for  a  time  regarded  as  if  it  belonged  to  the 
Regular  Army,  but  not  being  actually  thus  enrolled 
it  was  at  some  disadvantage.  Finally  it  was  cred 
ited  to  the  Keystone  State  and  designated  the 
Seventy-first  Pennsylvania  Infantry,  Baker  being 
colonel,  Wistar  lieutenant-colonel,  and  R.  A.  Par- 
rish,  major;  but  it  continued  to  be  known  as  the 
"  California  Regiment."  The  New  York  contingent 
was  encamped  near  Fort  Schuyler  and  was  drilled 
every  day.  Here  the  Philadelphia  recruits  joined, 
making  the  membership  sixteen  hundred,  said  to 
be  the  largest  regiment  mustered  into  the  service 
during  the  war. 

Recruiting  was  begun  on  the  third  of  August  for 
the  Philadelphia  Fire  Zouaves,  and  so  great  was  the 
enthusiasm  that  the  ranks  were  filled  in  one  week. 
The  regiment  was  mustered  in  as  the  Seventy-sec 
ond  Pennsylvania  and  attached  to  "Baker's  Bri 
gade."  2  The  Sixty-ninth  Pennsylvania,  composed 
mainly  of  men  of  Irish  birth  or  extraction,  was  also 
placed  in  the  brigade.3  The  One  Hundred  and  Sixth 
Pennsylvania  was  also  recruited  for  Baker's  "  Cali 
fornia  Brigade."  4  Thus  Baker  was  in  fact  a  brigade 
commander  from  the  outset. 

1  Banes,  p.  9.     2  Ibid.,  p.  10.     3  Ibid.,  p.  14.       4  Ward,  p.  1. 


260      THE  CONTEST  FOR  CALIFORNIA 

On  the  first  of  July  the  California  Regiment  was 
ordered  to  Fortress  Monroe.1  The  Sacramento 
"Union"  reprinted2  from  the  Cincinnati  "Com 
mercial"  the  following  statement:  — 

"The  writer  met  Colonel  Baker  on  the  steamer 
going  from  Baltimore  to  Fortress  Monroe.  He  said 
he  did  not  expect  to  survive  the  war;  that  in  his 
judgment  he  never  should  see  the  shores  of  the 
Pacific  again.  This  was  hardly  so  much  a  presenti 
ment  on  his  part  as  a  calculation.  He  said  the 
troops  were  green,  and  it  would  be  necessary  for 
the  officers  to  expose  themselves.  He  had  seen  ser 
vice  and  would  feel  it  a  duty  to  lead  his  regiment. 
The  enemy  had  plenty  of  sharpshooters  and  he  pre 
sumed  they  would  pick  him  off.  He  said  he  believed 
it  would  be  his  fate  to  die  at  the  head  of  his  regi 
ment.  It  may  illustrate  the  temper  and  character 
of  the  man  to  mention  that  after  saying,  with  as 
perfect  calmness  as  he  could  have  named  the  most 
trivial  circumstance,  that  he  believed  it  would  be 
his  fate  to  fall  in  battle  and  that  he  should  never 
see  his  home  on  the  Pacific  again,  he  retired  from 
the  guard-rail,  where  he  had  engaged  in  conversa 
tion,  to  the  cabin,  and  seating  himself  at  the  piano 
played,  with  grace  and  skill  remarkable  for  a  gen 
tleman  amateur  on  that  instrument,  several  touch 
ing  airs,  among  them  that  favorite  of  the  English 
soldiers  before  Sebastopol  —  sweet  and  mournful 
'  Annie  Laurie.' ' 

This  beautiful  ballad  has  received  an  added  leaf 
1  Banes,  p.  10.  2  November  18,  1861. 


COLONEL  BAKER  IN  THE  FIELD     261 

of  laurel  from  the  genius  of  Bayard  Taylor,  a  few  of 
whose  stanzas  may  appropriately  be  quoted  here:  - 

SONG   OF   THE   CAMP 

"  Give  us  a  song!  "  the  soldiers  cried, 

The  outer  trenches  guarding, 
When  the  heated  guns  of  the  camp  allied 

Grew  weary  of  bombarding. 

The  dark  Redan,  in  silent  scoff, 

Lay  grim  and  threatening  under; 
And  the  tawny  mound  of  the  Malakoff 

No  longer  belched  its  thunder. 

There  was  a  pause;  a  guardsman  said, 

"We  storm  the  forts  to-morrow; 
Sing  while  we  may,  another  day 

Will  bring  enough  of  sorrow.'* 

They  lay  along  the  battery's  side, 

Below  the  smoking  cannon, 
Brave  hearts  from  Severn  and  from  Clyde, 

And  from  the  banks  of  Shannon. 

They  sang  of  love,  and  not  of  fame; 

Forgot  was  Britain's  glory; 
Each  heart  recalled  a  different  name, 

But  all  sang  "  Annie  Laurie." 

Colonel  Baker  showed  thoroughly  soldierly  qual 
ities  in  camp.  He  was  strict  but  patient  in  disci 
pline;  he  personally  looked  after  the  rations  and 
clothing  and  sanitary  arrangements  and  health  of 
his  entire  command;  and  he  shared  the  work  of 
drilling  the  officers  and  men.1  While  the  regiment 
was  encamped  at  the  little  village  of  Hampton, 

1  Banes,  p.  25. 


262      THE  CONTEST  FOR  CALIFORNIA 

near  the  Fortress,  an  officer  from  the  Regular  Army 
was  detailed  to  assist  in  the  drill.  He  was  an  excel 
lent  drillmaster,  but  given  to  swearing  violently 
at  men  and  officers  alike,  much  to  their  disgust. 
Colonel  Baker  concluded  that  he  must  rebuke  him, 
which  he  did  effectively 

Right  here  I  may  introduce  a  few  words  of  testi 
mony  communicated  to  me  in  a  letter  of  the  tenth  of 
April,  1905,  from  John  W.  Frazier,  Registrar  in  the 
Department  of  Public  Works,  Philadelphia,  who 
was  a  member  of  the  Seventy-first:  "Colonel  Baker 
was  our  hero,  our  idol,  and  never  was  hero-worship 
more  fitly  sanctioned."  And  although  this  com 
mander  was  but  a  few  months  more  than  fifty  years 
of  age,  his  white  hair  and  his  paternal  care  for  his 
men  led  them  commonly  to  speak  of  him  as  "Father 
Baker."  l 

Another  side  of  Baker's  character  was  referred 
to  at  a  recent  reunion  of  surviving  members  of  his 
regiment.  A  speaker  said:  "I  remember  the  day 
when  a  comrade  from  Vermont  was  led  out  to  be 
shot  for  sleeping  at  his  post.  General  Baker  was 
there,  and  I  saw  tears  trickling  down  his  face. 
There  was  the  tender  heart  that  wept  over  our  boys 
when  they  suffered." 

On  the  fourth  of  September  General  McClellan 
ordered  Baker  to  march  with  his  brigade  "imme 
diately  "  and  take  position  in  advance  of  the  Chain 
Bridge,  near  Washington.  Colonel  Baker  was  di 
rected  to  bring  two  days'  cooked  rations  and  to  have 

1  Banes,  p.  29. 


COLONEL  BAKER  IN  THE  FIELD      263 

the  men  bring  their  overcoats  or  blankets,  detailing 
as  small  a  force  as  necessary  to  guard  the  camp  and 
baggage  left  at  their  position  near  the  Fortress.1 
This  order  was  received  after  seven  o'clock  in  the 
evening.  It  indicated  urgency,  so  the  brigade  broke 
camp,  arranged  for  the  guard  ordered,  and  marched 
at  three  o'clock  the  next  morning. 

Unusual  curiosity  was  attracted  to  the  brigade 
because  a  United  States  Senator  was  in  command, 
and  because  that  Senator,  unknown  in  the  East  a 
few  months  before,  had  aroused  uncommon  interest. 
"  On  one  occasion  Senator  Breckinridge,  accom 
panied  by  Senator  McDougall,  visited  the  camp 
and  went  out  with  Colonel  Baker  to  witness  dress 
parade,  which  was  then  forming.  As  they  walked 
along  the  line  the  men  recognized  Breckinridge. 
Suddenly  there  was  a  low  murmur,  as  of  an  ap 
proaching  wind.  It  gradually  increased  in  vol 
ume  until  it  deepened  into  an  unmistakable  groan 
from  the  throats  of  sixteen  hundred  men.  As  soon 
as  the  Colonel  realized  its  import  he  sprang  for 
ward,  and  said,  with  flashing  eye  and  in  a  com 
manding  tone,  *  Men  of  the  California  Regiment,  I 
hope  you  will  remember  the  courtesy  that  is  due  to 
your  commander's  guest.'  Then,  turning  to  the 
Senator,  he  said,  'I  trust  you  will  pardon  the  rude 
ness  of  the  men.' "  2 

At  another  time  President  Lincoln,  accompanied 
by  Secretary  Seward,  visited  the  camp.  The  men 

1  Rebellion  Records,  series  i,  vol.  v,  p.  584. 

2  Edward  B.  Jerome,  in  California  Magazine,  May,  1880. 


264      THE  CONTEST  FOR  CALIFORNIA 

had  not  been  paid  for  nearly  three  months.  They 
had  erected  a  stuffed  image  near  the  entrance  to  the 
camp  and  labeled  it  "The  Defunct  Paymaster." 
As  the  carriage  containing  the  distinguished  vis 
itors  rolled  up  the  avenue  of  tents  toward  Head 
quarters  some  of  the  men  recognized  the  Presi 
dent,  and  thinking,  probably,  to  give  him  a  hint  of 
the  Government's  delinquency,  dragged  the  "de 
funct  paymaster"  from  his  elevation  and  formed 
an  impromptu  procession  with  the  effigy  at  their 
head,  marching  behind  the  carriage.  As  the  guests, 
followed  by  this  boisterous  crowd,  arrived  at 
Headquarters,  the  Colonel  came  down  to  greet  his 
friends.  When  he  caught  sight  of  the  procession  a 
little  way  in  the  rear  his  eye  twinkled  and  he  re 
marked,  "Mr.  President,  allow  me  to  congratulate 
you  on  the  fine  appearance  of  your  bodyguard." 
Mr.  Lincoln  turned  and  for  the  first  time  saw  the 
effigy  of  the  "defunct  paymaster."  A  broad  smile 
spread  over  his  genial  countenance,  and  he  said, 
"Men,  I  take  the  hint.  Your  case  shall  be  at 
tended  to."  The  men  gave  three  cheers  for  "Uncle 
Abe"  and  broke  ranks.  The  next  day  a  live  pay 
master  came  and  paid  the  troops  in  shining  gold  — the 
last  of  that  metal  the  regiment  saw  during  the  war.1 
On  the  twenty -fifth  of  September,  Brigadier-Gen 
eral  William  F.  Smith  ("Baldy  ")  made  a  reconnois- 
sance  in  force  from  his  position  near  Chain  Bridge, 
Washington,  toward  Lewinsville.  Among  the  troops 
was  the  first  battalion  of  the  "  First  California  "  and 
1  Edward  B.  Jerome,  in  California  Magazine,  May,  1880. 


COLONEL  BAKER  IN  THE  FIELD      265 

two  companies  of  the  Philadelphia  Fire  Zouaves.1 
One  of  the  Zouaves  wrote  an  account  of  this  recon- 
noissance  that  contained  details  not  comprised  in 
General  Smith's  official  report.  I  condense  from 
the  letter,  which  was  printed  in  the  Sacramento 
"Union"  on  the  twenty-fifth  of  October,  1861:  - 

"We  made  an  advance  yesterday  with  fifteen 
thousand  men,2  for  what  object  I  do  not  know.  I 
had  the  honor  to  command  a  detachment  of  ten 
men  from  our  company,  who,  in  conjunction  with 
ten  men  from  each  company  of  our  regiment, 
formed  the  advance  skirmishers  for  the  army.  We 
were  thrown  out,  and  with  the  Seventy-ninth  High 
landers  and  Berdan's  Sharpshooters,  who  took  the 
left,  we  advanced  about  eight  miles,  driving  in  the 
rebel  pickets.  We  finally  came  in  sight  of  one  of 
their  batteries,  without  being  discovered.  Generals 
Smith  and  Baker  came  up  and  signaled  our  battery, 
which  took  a  very  good  position  under  the  command 
of  Captain  Mott.  Our  skirmishers  were  sent  out 
again,  and  in  scouting  through  the  woods  we  came 
upon  a  number  of  their  pickets,  but  having  orders 
not  to  fire  on  them  we  contented  ourselves  by  tak 
ing  their  captain  prisoner,  who,  by  the  way,  was 
an  aide-de-camp  to  General  Stuart.  Their  battery 
soon  commenced  shelling  the  woods.  But  most  of 
our  men  were  to  the  right,  behind  the  hill.  There 

1  Rebellion  Records,  series  I,  pp.  215,  216.  I  trust  I  may  be  par 
doned  a  personal  note  of  great  interest  to  me,  namely,  that  a  brother 
of  mine  in  the  Fifth  Wisconsin  Infantry  was  in  this  movement  and 
slight  engagement  with  Colonel  Baker.  —  E.  R.  K. 

1  General  Smith  states  the  number  as  much  less. 


266      THE  CONTEST  FOR  CALIFORNIA 

were  four  wounded,  however,  when  our  guns 
opened  on  them  and  completely  annihilated  their 
batteries.  They  had  got  our  range  pretty  accurately 
and  their  balls  were  coming  uncomfortably  near, 
when  Mott  got  his  eye  on  them.  When  he  fired  he 
knocked  their  battery  all  to  pieces,  killing  some 
men.  We  could  see  their  guns  turning  a  complete 
somerset,  when  General  Baker,  who  was  laughing, 
said,  'Now,  you  devils,  give  three  cheers,'  which  we 
did  emphatically,  I  tell  you.  Some  of  their  balls 
must  have  come  within  two  feet  of  his  head,  but  he 
never  flinched,  never  retired,  but  stood  on  top  of 
the  hill  in  full  view,  telling  us  every  shot  that  told. 
I  tell  you  what,  when  they  burst  over  your  head, 
within  five  or  six  feet  of  you,  it  makes  you  feel 
queer !  Then  Colonel  Baker  would  sing  out, ( Down, 
men;  don't  you  see  that  fellow  coming?'  and  I  tell 
you  he  would  be  quickly  obeyed." 

Three  days  later,  on  the  28th,  at  ten  o'clock  at 
night,  two  of  Baker's  regiments,  the  Sixty-ninth 
Pennsylvania  and  the  California  Regiment,  were 
started  on  another  of  General  Smith's  demonstra 
tions,  this  time  to  Munson's  Hill,  Virginia.  The 
Irish  Regiment  lost  one  man  killed  and  had  two 
wounded.  The  California  Regiment  had  four 
killed  and  fourteen  wounded.1  I  quote,  now,  from 
the  history  of  this  brigade  by  Brevet-Lieutenant- 
Colonel  Banes:  — 

"September    30th,    the   brigade   recrossed   the 

1  Rebellion  Records,  series  I,  vol.  v,  pp.  218-20;  also  Banes,  pp. 
20-22. 


COLONEL  BAKER  IN  THE  FIELD      267 

Potomac  and  marched  to  Great  Falls,  in  Maryland, 
a  distance  of  nine  miles,  where  it  was  halted. 
October  1st,  started  at  noon  and  reached  Rockville 
by  night.  October  2d,  marched  to  Seneca  Mills,  - 
part  of  the  time  through  a  heavy  rain.  The  men  by 
this  time  appeared  to  be  well  used  to  campaigning. 
October  3d,  reached  a  point  four  miles  beyond 
Poolesville,  Montgomery  County,  Maryland,  where 
tents  were  pitched  and  Colonel  Baker  gave  verbal 
orders  that  each  company  might  use  ten  fence  rails 
for  fuel,  and  no  more,  as  the  command  would  soon 
move  forward. 

"  Day  after  day  passed,  and  the  first  allowance  of 
fence  rails  had  been  turned  into  ashes,  along  with 
many  others  that  had  not  been  so  formally  set 
aside;  still  there  was  no  sign  of  a  movement.  .  .  . 
Colonel  Baker  personally  exercised  the  officers  in 
the  manual  of  arms  as  well  as  in  the  school  of  the 
battalion,  in  both  of  which  he  displayed  consider 
able  knowledge  and  proficiency."  1 

1  Banes,  pp.  22-24. 


CHAPTER  XVI 

BATTLE  OF  BALI/S  BLUFF  AND  DEATH  OF  GENERAL 
BAKER  —  TRIBUTES    TO    HIS    MEMORY 

FOR  months  after  the  Battle  of  Bull  Run  the  ener 
gies  of  the  Government  were  largely  devoted  to 
assembling  and  drilling  a  great  military  force  near 
Washington.  By  autumn  the  Army  of  the  Potomac 
extended  from  a  point  in  Virginia  opposite  the  capi 
tal  northwesterly  as  far  as  Poolesville,  Maryland, 
where  the  Corps  of  Observation,  to  which  Colonel 
Baker's  brigade  had  been  attached  since  early  in 
September,  was  posted,  under  the  command  of  Brig 
adier-General  Charles  P.  Stone.  On  the  nineteenth 
of  October  (1861)  Major  -  General  McCall,  com 
manding  a  division  stationed  southeast  of  General 
Stone,  advanced  his  forces  to  Dranesville,  a  small 
town  in  Virginia.  The  following  day,  Sunday,  the 
20th,  General  Stone  was  informed  of  the  move 
ment;  was  told  that  on  that  day  McCall  would  send 
out  strong  reconnoissances;  and  was  directed  to 
keep  a  lookout  upon  Leesburg,  a  Virginia  town 
opposite  Stone's  headquarters  and  near  the  scope 
of  McCall's  operations.  The  official  dispatch  added, 
"Perhaps  a  slight  demonstration  on  your  part 
would  have  the  effect  to  move  them"  [rebel  forces 
in  the  vicinity].  General  Stone  promptly  sent  a 


BALL'S  BLUFF  AND  DEATH  OF  BAKER  269 

small  detachment  across  the  Potomac  at  Conrad's 
Ferry ,  which,  later  joined  by  a  slightly  larger  body, 
penetrated  to  within  a  short  distance  of  Leesburg 
and  then  returned  to  the  river  —  remaining,  how 
ever,  on  the  Virginia  side,  obedient  to  an  order 
of  General  Stone.  Four  miles  below,  at  Edwards 
Ferry,  in  front  of  Stone's  headquarters,  a  "feint" 
was  made  with  the  view  of  deceiving  the  enemy 
into  the  belief  that  an  advance  was  actually 
taking  place.  This  detachment,  having  thus  as 
sisted  in  the  "slight  demonstration"  called  for,  re 
turned  to  its  quarters.  All  that  General  McClellan 
requested  had  been  done.  McCall,  too,  completed 
his  task,  and  early  Monday  morning  left  Dranes- 
ville  and  marched  his  division  back  to  its  perma 
nent  position. 

Up  at  Ball's  Bluff  General  Stone's  little  party 
remained,  still  in  the  enemy's  territory.  Instead 
of  calling  them  back  Sunday,  after  their  work  was 
done,  General  Stone  sent  a  battalion  over,  late 
in  the  day,  to  enable  them  to  attack  the  supposed 
camp  and  then  select  and  hold  a  position.  The 
General  must  have  sat  up  late  that  Sunday  night, 
for  at  an  early  hour  on  Monday  the  bulk  of  his 
division  had  left  their  camps  and  marched  down  to 
the  river.  At  Edwards  Ferry  a  force  of  several 
thousand  was  placed  under  command  of  General 
Gorman,  and  a  considerable  number  crossed  over  to 
Virginia.  An  order  to  Colonel  Baker  1  was  made 

1  I  use  the  title  under  which  Baker  was  addressed,  although  he 
was  in  fact  a  major-general.  See  page  287.  —  E.  R.  K. 


270      THE  CONTEST  FOR  CALIFORNIA 

out  at  eleven  o'clock,  which  reached  the  Colonel 
at  about  two  o'clock  Monday  morning.  It  directed 
him  to  have  the  California  Regiment  at  Conrad's 
Ferry  (about  three  and  a  half  miles  above  Gor 
man's  position)  at  sunrise  and  the  remainder  of  the 
brigade  breakfasted  and  ready  to  march  at  seven 
o'clock.  These  directions  were  executed  with  char 
acteristic  alacrity.  At  sunrise  the  Calif ornians, 
commanded  by  Lieutenant-Colonel  Wistar,  were 
drawn  up  at  the  place  designated,  awaiting  further 
orders  from  General  Stone.  The  other  regiments 
arrived  shortly  after,  led  by  Colonel  Baker.  He  was 
met  by  Captain  Francis  G.  Young,  one  of  his  staff, 
who  had  just  returned  from  headquarters  with 
General  Stone's  orders  for  Wistar.  When  Captain 
Young  told  Baker  that  Stone's  order  to  Wistar  was 
to  cross  if  he  heard  firing  on  the  Virginia  side,  the 
veteran  colonel  was  incredulous  and  exclaimed, 
"That  can't  be!"  The  absurd  inadequacy  of  the 
means  of  transportation  had  been  obvious  the  pre 
vious  day  and  had  occasioned  derisive  comments 
throughout  the  brigade.  So,  when  Captain  Young 
declared  he  was  not  mistaken,  and  that  the  Gen 
eral's  order  was  to  cross,  Colonel  Baker  contemptu 
ously  demanded,  "In  what?" 

By  this  time  regiments  that  did  not  belong  to 
Baker's  brigade  were  also  arriving,  but  General 
Stone  had  failed  to  designate  a  commander  for  the 
force,  and  the  only  order  received,  later  than  those 
summoning  them  to  the  riverside,  was  that  brought 
by  Captain  Young  to  Lieutenant-Colonel  Wistar. 


BALL'S  BLUFF  AND  DEATH  OF  BAKER  271 

Colonel  Baker,  therefore,  rode  down  to  headquar 
ters.  General  Stone  in  "a  full  conversation"  ex 
plained  his  purposes.  He  communicated  the  facts 
ascertained  during  many  weeks  of  observation  - 
the  roads  in  Virginia,  the  fortifications,  the  troops 
that  might,  perhaps,  be  encountered  —  and  much 
more  that  shall  be  discussed  later.  He  explained 
that  the  forces  collected  at  Conrad's  Ferry,  oppo 
site  Ball's  Bluff,  comprised  the  right  wing  of  a 
movement,  the  left  wing  being  under  General  Gor 
man.  He  assured  Baker  that  the  left  would  be 
reinforced  and  would  support  the  right.  Then  he 
appointed  Baker  to  command  the  right.  The  Colo 
nel  forthwith  galloped  speedily  up  to  Conrad's 
Ferry  and  ordered  the  troops  to  "cross  at  once." 
Colonel  Baker  realized  the  weak  point  of  the  move 
ment,  --the  inadequate  means  of  transportation. 
There  were  a  few  hundred  of  Stone's  division  over 
at  Ball's  Bluff,  where  desultory  firing  could  be 
heard  by  the  brigade.  There  were  several  thou 
sand  brave  fellows  on  the  Maryland  side  eager  to  go 
to  the  front.  Colonel  Devens  and  Colonel  Lee  were 
with  the  men  in  Virginia,  —  quite  worthy  to  be 
trusted  with  the  command,  especially  since  they 
were  merely  to  hold  the  position  they  had  chosen. 
Colonel  Baker  understood  that  transportation  was 
the  first  and  greatest  task  before  him.  There  was 
no  division  quartermaster  present  nor  any  one  es 
pecially  capable  of  loading  the  few  scows  supplied 
by  General  Stone  and  embarking  the  forces,  so  for 
some  time  Colonel  Baker  remained  with  the  bulk 


272      THE   CONTEST  FOR  CALIFORNIA 

of  his  troops,  himself  superintending  the  work  and 
infusing  the  men  with  his  energy  and  enthusiasm. 
By  extraordinary  efforts  the  men  succeeded  in  pull 
ing  a  boat  out  of  the  canal  that  ran  beside  the  Po 
tomac  and  dragging  it  across  the  land  and  into 
the  river,  thus  adding  to  the  scant  means  of  con 
veyance.  By  this  time  nearly  a  thousand  men  had 
been  ferried  across  and  Colonel  Baker  proceeded 
to  the  field.  It  had  become  evident  that  the  rebels 
were  bringing  forward  troops  that  greatly  outnum 
bered  the  Union  force  at  the  front.  The  scows  and 
the  water-logged  canal  boat  were  poled  tediously 
back  and  forth,  across  one  channel  of  the  river  to 
Harrison's  Island,  a  narrow,  long  property.  Then 
there  was  a  hurried  rush  to  the  far  side  of  the  island 
and  again  a  scow  ferry  over  another  channel  of  the 
river;  but  the  Southern  force  was  at  the  same  time 
augmented  by  regiments.  Baker  had  left  an  order 
for  Cogswell,  a  West  Pointer,  colonel  of  the  Tam 
many  Regiment,  to  take  charge  of  the  artillery,  and 
during  the  afternoon  Cogswell  arrived  on  the  field 
with  three  guns.  The  musketry  firing  on  the  rebel 
side  was  kept  up  constantly,  but  was  generally  in 
effective.  Colonel  Baker  was  cool  and  unperturbed. 
He  pleasantly  remarked,  "They  mean  well  enough, 
but  they  don't  seem  to  hit  us."  The  sharpshooters, 
however,  were  taking  good  aim  and  wounding  some 
of  the  Union  men.  Meantime  the  government 
troops,  under  the  directions  of  their  experienced 
commander,  were  lying  down  to  avoid  the  enemy's 
bullets,  loading,  rising  to  aim  and  fire,  and  then 


BALL'S  BLUFF  AND  DEATH  OF  BAKER    273 

dropping  back  to  the  ground.  The  Fifteenth  Mas 
sachusetts  formed  the  right,  the  Tammanys  the 
centre,  the  California  Regiment  was  on  the  left,  and 
the  Twentieth  Massachusetts  in  reserve.  The 
Massachusetts  men  were  poorly  armed,  and  their 
old-fashioned  muskets  would  not  carry  far  enough 
to  reach  the  rebel  ranks.  The  two  howitzers  were 
of  little  use,  but  the  six-pounder  gun  did  effective 
service,  although  it  had  not  been  supplied  with  the 
most  suitable  ammunition.  Colonel  Baker  walked 
from  place  to  place,  instructing  the  men  how  best 
to  aim,  pointing  out  sharpshooters  whom  he  wished 
dislodged,  cheering  all  by  word  and  example.  The 
rebels  came  out  of  the  woods  and  advanced  several 
times,  but  were  repulsed.  During  the  action  every 
officer  and  man  attached  to  the  six-pounder  gun 
was  either  killed  or  wounded,  but  Baker,  Wistar, 
and  Cogswell  took  their  places  and  continued  the 
firing,  being  aided  by  a  number  of  the  men.  Lieu 
tenant-Colonel  Wistar  was  badly  wounded,  his 
sword  arm  being  disabled,  when  Colonel  Baker 
took  the  sword  and  returned  it  to  its  scabbard. 
Reinforcements  were  continually  coming  up  from 
the  river,  but  slowly  and  in  numbers  far  too  small 
to  equal  the  force  of  the  enemy.  At  one  time  nearly 
two  companies  of  the  Tammanys  climbed  the 
steep  bluff  and  came  cheering  into  action.  It  is 
seldom,  I  believe,  that  men  are  compelled  to  stand 
under  fire  so  long  a  time  as  Baker's  command  stood 
that  Monday  —  for  hours.  They  could  not  retire; 
the  steep  bluff  and  the  rapid,  unbridged  stream 


274      THE  CONTEST  FOR  CALIFORNIA 

were  behind.  They  could  not  advance.  Still,  they 
held  their  line,  unwavering.  Colonel  Baker  looked 
for  assistance  to  come  from  Stone's  right  wing,  un 
der  Gorman,  four  miles  below.  During  the  fore 
noon  Stone  sent  a  messenger  to  Baker  informing 
him  that  the  rebel  force  was  larger  than  he  had 
supposed  at  the  morning  conference.  Later,  Baker 
sent  word  to  Stone  that  he  was  heavily  engaged 
and  expressing  the  hope  that  the  movement  four 
miles  below  might  be  of  advantage.  Officers  and 
men  of  the  left  wing  heard  the  noise  of  the  battle 
and  begged  to  be  allowed  to  go  to  the  assistance  of 
their  comrades.  The  gallant  Lander,  by  this  time 
brigadier-general,  but  on  this  day  with  no  troops 
subject  to  his  direct  command,  regretted  that  he 
had  not  "stolen"  about  three  thousand  and  fought 
his  way  up  to  the  right  wing.  It  was  the  judgment 
of  the  Congressional  Joint  Committee  which  inves 
tigated  this  battle  that  if  the  forces  that  crossed 
at  Edwards  Ferry  had  gone  up  on  the  Virginia  side 
to  the  aid  of  Colonel  Baker  there  would  undoubt 
edly  have  been  a  decisive  Union  victory.  But  the 
left  wing  lay  inert.  During  the  day  a  gallant  officer 
of  General  Stone's  staff  came  on  the  field  and  en 
couraged  the  men  by  stating  that  Gorman  was 
coming  up  with  five  thousand  reinforcements.  As 
there  was  no  sign  or  sound  of  them  late  in  the  after 
noon  Colonel  Baker  ordered  Captain  Young  to  go 
to  General  Stone  and  urge  him  to  hasten  help.  The 
greater  force  of  the  rebels  had  enabled  them  to 
press  slowly  forward  until  the  hostile  forces  were 


BALL'S  BLUFF  AND  DEATH  OF  BAKER    275 

almost  close  enough  for  the  use  of  the  bayonet.  Colo 
nel  Baker  had  designed  to  call  up  his  reserves  at 
such  a  juncture  and  give  the  rebels  the  cold  steel. 
But  just  before  five  o'clock  he  was  struck  by  four 
or  five  bullets,  almost  simultaneously,  and  fell  dead. 
In  the  words  of  John  Hay,  "Edward  Dickinson 
Baker  was  promoted  by  one  grand  brevet  of  the 
God  of  Battles,  above  the  acclaim  of  the  field, 
above  the  applause  of  the  world,  to  the  heaven  of 
the  martyr  and  the  hero."  1  The  rebels  rushed  in  to 
seize  Colonel  Baker's  body,  or  his  sword,  but  Cap 
tain  Beiral  and  a  dozen  comrades  of  the  California 
Regiment  sprang  forward,  drove  the  rebels  off,  and 
bore  the  hero's  body  down  to  the  river,  where  it 
was  soon  taken  across  to  the  Maryland  side. 

Up  to  this  time,  notwithstanding  the  disparity 
in  numbers,  the  fortunes  of  the  day  were  not  de 
cided.  Colonel  Lee,  of  the  Twentieth  Massachu 
setts,  at  once  took  command  on  the  field  and  pro 
posed  to  retire  to  the  river  and  recross  to  the  island 
as  expeditiously  as  the  preposterous  fleet  of  scows 
could  transfer  the  men.  It  soon  appeared  that 
Colonel  Cogswell  was  the  ranking  officer,  so  Colo 
nel  Lee  relinquished  the  command  to  him.  Cogs 
well  attempted  to  move  to  the  south,  along  the 
river,  with  the  purpose  of  fighting  his  way  down  to 
Edwards  Ferry,  but,  being  tricked  into  a  trap  and 
fired  upon  at  close  quarters,  he  was  compelled  to 
fall  back  as  Colonel  Lee  had  first  proposed.  Up  to 
this  time  the  force  had  maintained  good  order. 

1  Harper's  Magazine,  December,  1861. 


276      THE  CONTEST  FOR  CALIFORNIA 

Now  their  officers  directed  the  men  to  save  them 
selves  as  best  they  could.  The  result  naturally  was 
a  scramble.  In  the  wild  rush  one  of  the  scows  was 
overloaded  so  that  it  capsized.  Many  undertook 
to  swim  to  the  island,  some  of  whom  were  drowned. 
The  rebels,  unhindered  by  any  orderly  effort  to 
hold  them  back,  stood  on  the  brink  of  the  bluff  and 
fired  on  the  men  on  the  shore  below  and  in  the 
water. 

The  Union  force  engaged  was  officially  stated  as 
1700. 1  The  casualties  were,  49  killed,  158  wounded, 
and  714  missing,  most  of  the  latter  being  made 
prisoners.2 

President  Lincoln  mourned  the  loss  of  Colonel 
Baker  more  deeply,  probably,  than  any  other  death 
caused  by  the  war.  The  funeral  in  Washington 
would  have  been  at  the  White  House  if  the  building 
had  not  been  undergoing  repairs.  In  the  brigade 
he  had  commanded,  says  one  of  his  officers,  "The 
loss  of  General  Baker  was  long  felt.  All  spoke  of 
him  with  affection  and  admiration;  pictures  of  him 
were  eagerly  sought;  many  were  sent  home  to  fam 
ily  and  friends  that  might  sympathize  with  us 
and  have  some  idea  of  the  man  whose  death  we 
mourned;  small  pictures  and  medals,  arranged  as 
badges,  were  worn  by  many  of  the  men  for  a  long 
time,  thus  showing  their  loyalty  to  their  brave  old 
commander,  whom  we  would  cheerfully  have  fol 
lowed  wherever  duty  called."  3 

1  Rebellion  Records,  series  i,  vol.  v,  p.  291.          2  Ibid.,  p.  308. 
8  History  of  the  One  Hundred  and  Sixth  Regiment,  Pennsylvania 
Volunteers,  p.  15. 


BALL'S  BLUFF  AND  DEATH  OF  BAKER  277 

The  entire  loyal  North  was  cast  down  by  the  ca 
lamity.  There  had  been  the  humiliating  affair  at  Big 
Bethel  on  the  ninth  of  June;  the  surprising  defeat  at 
Bull  Run  on  the  twenty -first  of  July;  and  now  came 
this  disaster  at  Ball's  Bluff.  Some  journals,  igno 
rant  of  Colonel  Baker's  experience  in  two  wars,  and 
ready  to  seize  any  occasion  to  blame  the  Lincoln 
Administration,  asserted  that  the  affair  was  the 
result  of  appointing  "a  political  colonel."  Baker's 
friends  were  able  promptly  to  correct  that  error. 
Some  of  these  friends,  in  their  grief  and  rage, 
unjustly  attacked  General  Stone,  going  so  far  as 
to  accuse  him  of  having  purposely  sent  his  North 
ern  soldiers  across  the  Potomac  to  preconcerted 
slaughter.  Now,  General  Stone's  behavior  had 
been  in  some  respects  indiscreet.  Mr.  Stedman, 
who  had  been  a  war  correspondent,  in  a  letter  to 
a  friend,  thirty-two  years  after,  said,  "Speaking  of 
Colonel  Charles  P.  Stone,  then  commandant  at 
Alexandria,  I  will  say  that  I  was  impressed  by  his 
soldierly  bearing  but  found  him  so  thoroughly  a 
'martinet,'  and  so  loud  in  praise  of  Lee  and  other 
West  Point  (Southern)  officers,  that  I  was  not  sur 
prised  when  he  fell  under  suspicion  after  the  Ball's 
Bluff  disaster.  Very  likely  he  was  treated  unjustly, 
but  his  injudicious  speech  and  manner  certainly 
'provoked  injustice.'"  1 

The  tributes  to  General  Baker's  memory  by 
editors  and  orators  were  remarkable.  Indeed,  I 
feel  warranted  in  pronouncing  them  extraordinary. 

1  Life  and  Letters  of  Edmund  Clarence  Stedman,  vol.  i,  p.  225. 


278      THE  CONTEST  FOR  CALIFORNIA 

In  the  National  House  of  Representatives  men  of 
both  political  parties  were  rivals  in  eulogy.  Mr. 
Phelps,  of  California,  said:  "To  his  unyielding  de 
termination,  coupled  with  his  undying  love  for  free 
institutions,  his  glowing  eloquence  and  unanswer 
able  logic,  is  California  indebted,  more  than  to  any 
other  man,  for  the  entire  overthrow  of  the  politi 
cal  despotism  that  so  long  held  her  in  its  traitorous 
grasp."  Mr.  Sargent,  of  the  same  state,  said:  "He 
never  asked  if  a  measure  was  popular  as  a  condi 
tion  of  his  support;  he  only  cared  if  it  was  right.  .  .  . 
He  was  approachable  to  the  humblest,  sincere  in 
his  friendships,  mindful  of  favors,  liberal  in  return. 
No  enemy  could  provoke  him  to  hatred,  no  ally 
complain  of  treachery.  He  was  indebted  as  much 
to  the  sincerity  of  his  nature  —  which  was  mani 
fest  in  every  word  and  act  —  as  to  his  wonderful 
powers  of  oratory,  for  the  ascendancy  he  secured 
wherever  he  sought  it.  ...  Prejudice  melted  in 
the  sunlight  of  his  smile."  Mr.  Richardson,  of 
Illinois,  had  served  with  Baker  in  the  Black  Hawk 
and  Mexican  Wars,  in  both  branches  of  the  Illinois 
Legislature,  and  in  Congress,  —  always  of  oppo 
site  politics.  He  declared  that  Baker  "was  the 
manly  and  courteous  opponent,  the  unselfish  friend, 
the  statesman  without  reproach." 

At  the  commemorative  session  of  the  Senate 
President  Lincoln  and  an  unusually  distinguished 
assemblage  were  present.  Mr.  Nesmith,  Senator 
Baker's  colleague,  introduced  the  resolutions  and 
spoke  feelingly.  Mr.  Latham  said:  "Always  op- 


BALL'S  BLUFF  AND  DEATH  OF  BAKER    279 

posed  in  political  opinion  through  several  strifeful 
years,  the  pleasantest  recollection  remains  of  not 
one  unkind  word  or  act.  ...  I  never  knew  a 
man  of  more  kindness  of  disposition.  .  .  .  An  en 
tire  absence  of  vindictive  malice,  the  quick  forget- 
fulness  of  even  an  injury  or  wrong  inflicted  on  him, 
quiet  composure  amid  trying  scenes  of  an  eventful 
life,  all  bespoke  those  gentle  qualities  which  made 
him  a  fond  father,  a  good  husband,  and  a  devoted 
friend."  Mr.  Dixon,  of  Connecticut,  declared  that 
"no  selfish  motive,  no  vulgar  ambition"  prompted 
their  heroic  dead  to  take  up  arms.  "He  was,"  said 
the  Connecticut  Senator,  "not  only  a  great  man, 
but  a  good  man." 

Mr.  Browning,  of  Illinois,  who  had  just  come  to 
the  Senate,  after  the  death  of  Judge  Douglas, 
said:  "Edward  D.  Baker  was,  and  had  ever  been, 
my  personal  and  political  friend.  ...  He  did 
not  reach  intellectual  results  as  other  men  do,  by 
the  slow  processes  of  analysis  or  induction;  but 
if  he  could  reach  them  at  all  he  could  do  it  at  a 
bound.  And  yet  it  was  not  jumping  at  conclusions, 
for  he  could  always  state  with  almost  mathematical 
clearness  and  precision  the  premises  from  which  he 
made  his  deductions  and  guide  you  along  the  same 
path  he  had  traveled  to  reach  the  goal.  ...  He 
was  incapable  of  a  mean  and  unmanly  envy,  and 
was  ever  quick  to  perceive  and  ready  to  acknow 
ledge  the  merit  of  a  rival,  and  would  stifle  his  own 
desires  and  postpone  his  own  aggrandizement  for 
the  advancement  of  a  friend.  ,  In  the  domestic 


280      THE  CONTEST  FOR  CALIFORNIA 

circle,  amid  the  social  throng,  and  under  friend 
ship's  genial  and  enchanting  influences,  he  was  as 
gentle  and  confiding  in  his  affections  as  a  woman 
and  as  tender  and  trustful  as  a  child.  .  .  ." 

Of  Charles  Sumner's  address,  Mr.  Isaac  N. 
Arnold,  who  was  present  as  a  Congressman,  de 
clares:  "It  was  among  the  best  he  ever  made.  It 
was  perhaps  the  only  occasion  upon  which  he  ever 
cut  loose  from  his  manuscript  and  gave  free  scope 
to  the  inspiration  of  the  scene  and  the  moment.  He 
had  not  the  advantage  of  long  acquaintance  with 
Colonel  Baker,  but  he  had  evidently  been  greatly 
struck  with  Baker's  career  in  the  Senate,  and  it  was 
to  that  his  remarks  chiefly  referred."  Mr.  Sumner 
said,  in  part:  "...  His  fame  as  a  speaker  was  so 
peculiar,  even  before  he  appeared  among  us,  that  it 
was  sometimes  supposed  he  might  lack  those  solid 
powers  without  which  the  oratorical  faculty  itself 
can  exercise  only  a  transient  influence.  But  his 
speech  on  this  floor  in  reply  to  a  slaveholding  con 
spirator,  now  an  open  rebel,1  showed  that  his  mat 
ter  was  as  good  as  his  manner,  and  that  while  he 
was  a  master  of  fence  he  was  also  a  master  of  ord 
nance.  His  controversy  was  graceful,  sharp,  and 
flashing,  like  a  scimitar;  but  his  argument  was 
powerful  and  sweeping,  like  a  battery.  You  have 
not  forgotten  that  speech.  ...  As  the  pretension 
[of  a  constitutional  right  of  secession]  showed  itself 
anew,  our  orator  undertook  again  to  expose  it. 
How  thoroughly  he  did  this,  now  with  historic,  and 

1  Judah  P.  Benjamin. 


BALL'S  BLUFF  AND  DEATH  OF  BAKER  281 

now  with  forensic,  skill,  while  his  whole  effort  was 
elevated  by  a  charming,  ever -ready  eloquence, 
which  itself  was  aroused  to  new  power  by  the  in 
terruptions  he  encountered  —  all  this  is  present 
to  your  minds.  .  .  .  Call  him,  if  you  please,  the 
Prince  Rupert  of  battle;  he  was  also  the  Prince 
Rupert  of  debate." 

The  surprise,  the  thrill,  of  the  occasion  was  the 
speech  of  Mr.  McDougall,  of  California,  -  "a  most 
eloquent  speech,"  says  Mr.  Arnold,  who  has  already 
been  quoted;  "one  of  the  most  touching  and  beau 
tiful  speeches  ever  heard  in  the  Senate."  Mr. 
McDougall,  in  the  course  of  his  remarks,  said:  — 

"He  was  a  many-sided  man.  Will,  mind,  power 
radiated  from  one  centre  within  him,  in  all  direc 
tions;  and  while  the  making  of  that  circle,  which, 
according  to  the  dreams  of  old  philosophy,  would 
constitute  a  perfect  being,  is  not  within  human 
hope,  he  may  be  regarded  as  one  who  at  least  illus 
trated  the  thought.  .  .  . 

"He  loved  freedom  —  if  you  please,  Anglo-Saxon 
freedom;  for  he  was  of  that  great  old  race.  He 
loved  this  land,  this  whole  land.  He  had  done 
much  to  conquer  it  from  the  wilderness,  and  by  his 
own  acts  he  had  made  it  his  land. 

"  Hero  blood  is  patriot  blood.  When  he  witnessed 
the  storm  of  anarchy  with  which  the  madness  of 
depraved  ambition  sought  to  overwhelm  the  land 
of  his  choice  and  love,  he  heard  the  battle-call.  .  .  . 
It  was  in  the  spirit  of  the  patriot  hero  that  the  gal 
lant  soldier,  the  grave  Senator,  the  white-haired  man 


282      THE  CONTEST  FOR  CALIFORNIA 

of  counsel,  yet  full  of  youth  as  full  of  years,  gave  an 
swer,  as  does  the  war-horse,  to  the  trumpet's  sound. 
The  wisdom  of  his  conduct  has  been  questioned. 
Many  have  thought  he  should  have  remained  for 
counsel  in  this  hall.  Mr.  President,  the  propriety  of 
a  senator  taking  upon  himself  the  duties  of  a  sol 
dier  depends,  like  many  other  things,  on  circum 
stances;  and  certainly  such  conduct  has  the  sanc 
tion  of  great  names.  Socrates,  who  was  not  of  the 
councils  of  Athens  simply  because  he  deemed  his 
office  as  a  teacher  of  wisdom  a  higher  and  nobler  one, 
did  not  think  it  unworthy  of  himself  to  serve  as 
a  common  soldier  in  battle.  ...  It  is  but  a  brief 
time  since  the  late  Senator  was  among  us,  main 
taining  our  country's  cause  with  wise  counsel 
clothed  in  eloquent  words.  When,  in  August  last, 
his  duties  here  as  a  senator  for  the  time  ceased, 
he  devoted  himself  exclusively  to  the  duties  of  a 
soldier.  Occupying  a  subordinate  position,  com 
manded  where  he  was  most  fit  to  command,  he 
received  his  orders.  He  saw  and  knew  the  nature  of 
the  enterprise  he  was  required  to  undertake.  He 
saw  and  knew  that  he  was  required  to  move  under 
neath  the  shadow  of  the  wings  of  Azrael.  He  did 
not,  he  would  not,  question  the  requirement  made 
of  him.  His  motto  on  that  day  was,  'A  good  heart 
and  no  hope.'  He  knew,  as  was  known  at  Balak- 
lava,  that  some  one  had  blundered,  yet  he  said, 
"Forward,  my  brigade,  although  some  one  has 
blundered.' 

"Was  this  reckless  rashness?  No! 


BALL'S  BLUFF  AND  DEATH  OF  BAKER  283 

"It  may  be  called  sacrifice  —  self -sacrifice;  but  I, 
who  knew  the  man  who  was  the  late  Senator  —  the 
calm,  self-possessed  perfectness  of  his  valor  —  and 
who  have  studied  all  the  details  of  the  field  of  his 
last  offering  with  a  sad  earnestness,  say  to  you,  sir, 
to  this  Senate,  to  the  country,  and  particularly  to 
the  people  of  the  land  of  the  West,  where  most  and 
best  he  is  known  and  loved,  that  no  rash,  reckless 
regardlessness  of  danger  can  be  attributed  to  him. 
It  is  but  just  to  say  of  him  that  his  conduct  sprung 
from  a  stern,  hero,  patriot,  martyr  spirit  that  en 
abled  him  to  dare  unflinchingly,  and  with  a  smile  to 
the  green  earth,  and  a  smile  to  the  bright  heavens, 
and  a  cheer  to  his  brave  companions,  ascend  the 
altar  of  sacrifice.  .  .  . 

"In  long  future  years,  when  our  night  of  horror 
shall  have  passed,  and  there  shall  have  come  again 

*  The  welcome  morning  with  its  rays  of  peace/  — 

young  seekers  after  fame  and  young  Jovers  of  free 
dom  throughout  all  this  land,  yea,  and  other  and 
distant  lands,  will  recognize,  honor,  and  imitate  our 
late  associate  as  one  of  the  undying  dead." 


CHAPTER  XVII 

GRIEF  ON  THE  PACIFIC  COAST  —  GENERAL  BAKER 
BURIED  IN  SAN  FRANCISCO  —  AN  UNFULFILLED 
PLEDGE 

IF  loyal  men  in  the  North  were  grieved  and  in 
censed  at  the  defeat  and  slaughter  at  Ball's  Bluff, 
what  shall  be  said  of  the  feeling  in  that  romantic 
section  that  supplied  the  most  illustrious  vic 
tim?  - 

"We  that  had  loved  him  so,  followed  him,  honored  him, 

Lived  in  his  mild  and  magnificent  eye, 
Learned  his  great  language,  caught  his  clear  accents, 
Made  him  our  pattern  to  live  and  to  die. " 

Colonel  Baker  had  shone  in  the  National  Senate, 
and  we  were  proud.  He  had  been  transcendent  at 
the  Bar  in  California,  and  we  anticipated  greater 
renown  for  him  from  professional  triumphs  in  the 
East.  We  were  told  that  his  speech  in  Union  Square 
had  thrilled  the  North,  and  we  believed  he  would 
in  other  cities  reflect  lustre  on  the  coast.  He  had 
raised  congressional  representation  from  our  sec 
tion  to  an  influence  quite  unparalleled,  and  we 
exulted.  Even  Broderick  had  not  equaled  Baker's 
success  at  the  national  capital.  The  subserviency 
and  incorrigibility  of  his  party  had  left  Broderick 
the  inspiration  of  a  faction;  Baker  had  been  a  com 
manding  figure  in  a  great  party  charged  with  the 


GRIEF  ON  THE  PACIFIC  COAST       285 

sublime  task  of  preserving  the  Union  and  establish 
ing  Liberty.  Broderick  had  been  snubbed  and  his 
counsels  ignored  by  President  Buchanan;  Baker 
was  the  close  friend  and  trusted  adviser  of  President 
Lincoln.  And  Baker  had  come  out  of  the  Mexican 
War  with  such  prestige  that  we  never  doubted  he 
would  win  fresh  laurels  in  this  later  conflict.  We 
fully  expected  he  would  live  to  enjoy  the  sweetness 
of  his  fame. 

The  shattering  of  our  hopes  came  suddenly  and 
in  a  manner  that  was  peculiarly  shocking.  The 
overland  telegraph  had  been  completed.  The  cus 
tomary  messages  had  passed  between  officers  of  the 
telegraph  company  and  congratulations  had  been 
exchanged  by  government  dignitaries  on  the  ex 
treme  boundaries  of  the  land.  Only  those  who 
dwelt  beyond  the  Sierras  when  it  took  months  to 
exchange  communications  with  parents  and  homes 
in  the  States  can  imagine  or  appreciate  the  joy  and 
enthusiasm  that  throbbed  in  every  heart  in  Cali 
fornia  and  Oregon.  In  that  same  hour,  by  the  first 
news  dispatch  telegraphed  westward  across  the 
continent,  came  tidings  of  the  defeat  of  a  Union 
army  and  the  death  of  Colonel  Baker.1  In  otie  of 

1  Bancroft,  vol.  vn,  p.  293,  carelessly  errs  in  stating  that  this  was 
"the  first  through  dispatch  on  the  completed  overland  telegraph." 
Besides  the  exchanges  mentioned  above,  an  earlier  dispatch  was  the 
following:  "SAN  FRANCISCO,  October  24,  8.07  P.M.  Editor  Tran 
script,  Boston.  All  hail !  A  new  bond  of  union  between  the  Pacific 
and  Atlantic.  The  lightning  now  goeth  out  of  the  West  and  speaks 
even  to  the  East.  Heaven  preserve  the  Republic  and  bless  old  Bos 
ton  from  hub  to  rim.  THOMAS  STARR  KING." 


286      THE  CONTEST  FOR  CALIFORNIA 

the  theatres  of  San  Francisco  the  news  of  the  com 
pletion  of  the  telegraph  and  the  words  of  the  first 
messages  transmitted  were  read  from  the  stage  by 
Edwin  Booth,  arousing  great  enthusiasm.  Later  in 
the  evening  Mr.  Booth  read  the  tidings  of  the  death 
of  Colonel  Baker.  The  revulsion  of  feeling,  the 
stun,  the  grief,  the  gloom  are  indescribable;  and 
afterwards  the  rage.  In  several  towns  disloyalists 
who  expressed  gratification  were  roughly  handled; 
in  San  Francisco  several  were  hanged  for  a  time 
to  the  street  gas-posts. 

Funeral  and  commemorative  services  were  held 
in  many  cities  and  mining  -  camps.  The  courts 
everywhere  adjourned  as  a  mark  of  respect,  after 
eloquent  tributes  from  judges  and  eminent  mem 
bers  of  the  Bar.  At  Portland,  Oregon,  Mr.  Simeon 
Francis  presided  at  a  memorial  meeting  —  a  man 
who  "knew  Colonel  Baker  before  he  entered  public 
or  political  life."  The  Reverend  Thomas  H.  Pearne 
delivered  an  address,  in  the  course  of  which  he 
said,  "Facts  which  transpired  in  this  state  recently 
show  that  Senator  Baker's  early  faith  in  the  divine 
origin  of  Christianity  and  his  respect  for  its  morali 
ties  had  not  wavered  or  diminished." 

The  Jacksonville  (Oregon)  "Sentinel"  *  pub 
lished  the  following  letter  from  the  Colonel,  written 
a  month  before  his  death,  when  every  one  was  look 
ing  to  General  McClellan  to  say  the  word  for  the 
Army  of  the  Potomac  to  advance:  — 

1  November  2,  1861. 


GRIEF  ON  THE  PACIFIC  COAST       287 

.     HEADQUARTERS  BAKER'S  BRIGADE, 
CAMP  ADVANCE,  CHAIN  BRIDGE, 
September  22,  1861. 

DEAR  SIR,  —  We  are  on  the  eve  of  a  very  great  battle. 
I  shall  endeavor  so  to  do  my  duty  that  the  State  of 
Oregon  shall  have  no  cause  to  blush  for  me,  being  in  no 
wise  forgetful  of  my  obligations  to  represent  her  every 
where  with  fidelity  and  courage.  As  you  have  learned 
before  this,  the  President  was  pleased  to  appoint  me  a 
brigadier-general,  an  office  which  my  duty  to  the  State 
of  Oregon,  in  my  judgment,  compelled  me  to  decline.1 
Yesterday  I  had  conferred  upon  me  the  appointment  of 
major-general.  Actuated  by  the  same  motive,  I  shall 
decline  that  also.2  I  confess,  however,  considering  the 
present  condition  of  the  army  and  the  great  command 
this  office  would  devolve  upon  me,  nothing  could  induce 
me  to  decline  it  but  my  deep  sense  of  obligation  to  the 
State  of  Oregon,  which  it  will  take  me  many  years  of 
faithful  service  to  repay.  As  it  is,  however,  although 
nominally  a  colonel  and  elected  by  a  regiment,  I  have  a 
command  of  nearly  seven  thousand  men,  —  infantry, 
cavalry,  and  artillery,  —  mostly  raised  under  my  own 
eye  and  in  whom  I  have  great  confidence.  If  I  am  for 
tunate  I  may  strike  a  blow  with  these  troops  which  may 
fall  heavily  on  the  rebellion,  or  do  something,  at  least,  to 
maintain  the  best  government  the  world  ever  saw. 

E.  D.  BAKER. 

1  It  was  considered  practicable  to  accept  a  commission  as  colonel 
from  the  governor  of  a  state  —  in  this  case  the  governor  of  Pennsyl 
vania  —  and  still  retain  the  senatorship ;   but  it  was  held  that  the 
acceptance  of  an  appointment  from  the  President  of  the  United 
States  would  invalidate  Colonel  Baker's  place  in  the  Senate. 

2  In  the  absorbing  care  of  his  brigade  Senator  Baker  had  neg 
lected  to  decline  this  appointment,  but  had  retained  the  commis 
sion  in  his  possession.   An  intention  to  decline  is  not  a  declination; 
and  as  the  commission  was  in  force  it  appears  that  accurate  history 
should  name  him  as  a  major-general.  —  E.  R.  K. 


288      THE  CONTEST  FOR  CALIFORNIA 

It  was  expected  in  Oregon  that  Senator  Baker's 
body  would  repose  in  that  state,  and  there  was  sur 
prise  when  it  was  learned  that  throughout  Cali 
fornia  there  was  a  strong  feeling  that  the  sepulchre 
should  be  there.  Committees  representing  the 
Government  and  citizens  of  Oregon  visited  San 
Francisco,  urged  their  claims,  and  promised  that 
the  state  would  erect  a  suitable  monument  if  the 
desire  of  the  people  should  be  granted.  The  con 
tention  was  earnest  but  was  carried  on  in  a  rever 
ent  spirit  and  in  faultless  taste.  Senator  Baker's 
widow  was  finally  prevailed  on  to  have  the  burial 
in  San  Francisco  and  in  Lone  Mountain  Cemetery, 
which  Colonel  Baker,  as  Starr  King  said,  "devoted 
in  a  tender  and  thrilling  speech  to  its  hallowed 
purpose." 

Mr.  King,  in  a  letter  to  Fitz-Hugh  Ludlow,  gave 
some  particulars  of  the  ceremonies  when  the  hero 
was  laid  to  rest:  "I  send  you  to-day  an  account 
of  the  funeral  services  of  our  great  and  lamented 
Baker.  .  .  .  The  sorrow  was  general  and  deep  and 
the  funeral  ceremonies  very  impressive  and  impos 
ing.  The  musical  service  in  Platt's  Hall  was  grand. 
You  will  see  that  I  conducted  the  services  at  the 
grave.  A  great  crowd  was  there,  and  the  afternoon, 
cloudless  and  genial,  was  one  of  the  loveliest  that 
could  be  combined  out  of  air  and  light.  ...  It  was 
a  very  impressive  and  memorable  scene.  This  coast 
has  lost  its  crown  of  glory." 

The  oration  at  Music  Hall  was  delivered  by  the 
Honorable  Edward  Stanly,  a  citizen  greatly  re- 


GRIEF  ON  THE  PACIFIC  COAST       289 

spected,  who  had  at  one  time  been  Colonel  Baker's 
law  partner.  Many  of  his  observations  were  based 
on  his  acquaintance  with  General  Baker. 

"He  had,"  said  Mr.  Stanly,  "as  much  unworld- 
liness  as  Goldsmith.  No  love  of  filthy  lucre  ever 
found  a  resting-place  in  his  heart.  For  years  I  have 
known  him  well,  and  part  of  that  time  was  asso 
ciated  with  him  in  business,  and  I  never  heard  a 
profane  word  or  irreverent  expression  from  his  lips. 
He  never  uttered  a  word  that  could  impair  the  celes 
tial  comfort  of  a  Christian's  hope.  ...  I  have  never 
known  a  man  in  public  life  whose  heart  more 
abounded  in  generous  philanthropy  for  all  man 
kind.  He  exhibited  this  feeling  at  the  Bar,  when 
he  was  conscious  of  superiority  over  a  younger  or 
feebler  adversary.  .  .  .  Excepting  Webster,  no 
man  of  modern  times  has  been  so  successful  as 
Baker  in  the  forum,  in  the  Senate,  and  before  popu 
lar  assemblies." 

Mr.  Stanly  said,  —  referring  to  the  graves  of 
Baker  and  Broderick,  so  close  to  each  other,  — 
"Let  their  monuments  arise  to  meet  the  eye  of  the 
ocean  -  worn  exile  as  he  comes  near  this  haven 
of  rest.  Let  them  tell  the  traveler,  as  the  land 
scape  fades  from  his  sight  on  leaving  our  gorgeous 
land,  that  'the  paths  of  glory  lead  but  to  the 
grave." 

Mr.  King  in  his  address  quoted  this  passage  from 
Colonel  Baker's  oration  at  the  dedication  of  the 
cemetery:  "Within  these  grounds  public  reverence 
and  gratitude  shall  build  the  tombs  of  warriors  and 


290      THE  CONTEST  FOR  CALIFORNIA 

statesmen  .  .  .  who  have  given  all  their  lives  and 
their  best  thoughts  to  their  country." 

The  speaker  on  this  present  sad  occasion  pro 
ceeded:  — 

"  Could  he  forecast,  seven  years  ago,  any  such  ful 
fillment  of  these  words  as  this  hour  reveals?  .  .  . 
Could  any  slight  shadow  of  his  destiny  have  been 
thrown  across  his  path  as  he  stood  here  when  these 
grounds  were  dedicated,  and  looked  over  slopes 
unfurrowed  then  by  the  plowshare  of  death? 

"His  words  were  prophetic.  Yes,  warrior  and 
statesman,  wise  in  counsel,  graceful  and  electric  as 
few  have  been  in  speech,  ardent  and  vigorous  in 
debate,  but  nobler  than  for  all  these  qualities  by  the 
devotion  which  prompted  thee  to  give  more  than 
thy  wisdom,  more  than  thy  energy  and  weight  in 
the  hall  of  senatorial  discussion,  more  than  the 
fervor  of  thy  tongue  and  the  fire  of  thy  eagle  eye 
in  the  assemblies  of  the  people,  —  even  the  blood 
of  thy  indomitable  heart  when  thy  country  called 
with  a  cry  of  peril,  —  we  receive  thee  with  tears 
and  pride.  We  find  thee  dearer  than  when  thou 
earnest  to  speak  to  us  in  the  full  tide  of  life  and 
vigor.  Thy  wounds  through  which  thy  life  was 
poured  are  not  'dumb  mouths,'  but  eloquent  with 
the  intense  and  perpetual  appeal  of  thy  soul.  We 
receive  thee  to  'reverence  and  gratitude'  as  we  lay 
thee  gently  to  thy  sleep;  and  we  pledge  to  thee  not 
only  a  monument  that  shall  hold  thy  name,  but  a 
memorial  in  the  hearts  of  a  grateful  people  so  long 
as  the  Pacific  moans  near  thy  resting-place,  and  a 


GRIEF  ON  THE  PACIFIC  COAST       291 

fame  eminent  among  the  heroes  of  the  Republic  as 
long  as  the  mountain  shall  feel  the  Oregon." 

The  pledge  of  one  who  knew  the  hearts  of  that 
generous  people,  and  who  spoke  under  circum 
stances  of  transcendent  solemnity,  will  some  day  be 
fulfilled. 


THE   END 


APPENDIX 


APPENDIX 


SENATOR  BAKER'S    SPEECH  IN  REPLY  TO   SENATOR 
BRECKINRIDGE » 

MR.  PRESIDENT,  it  has  not  been  my  fortune  to  participate  in, 
at  any  length,  indeed,  nor  to  hear  very  much  of,  the  discussion 
which  has  been  going  on  —  more,  I  think,  in  the  hands  of  the 
Senator  from  Kentucky  than  anybody  else  —  upon  alt  the 
propositions  connected  with  this  war;  and  as  I  really  feel  as 
sincerely  as  he  can  an  earnest  desire  to  preserve  the  Constitu 
tion  of  the  United  States  for  everybody,  South  as  well  as 
North,  I  have  listened  for  some  little  time  past  to  what  he 
has  said,  with  an  earnest  desire  to  apprehend  the  point  of  his 
objection  to  this  particular  bill.  And  now,  —  waiving  what  I 
think  is  the  elegant  but  loose  declamation  in  which  he  chooses 
to  indulge,  —  I  would  propose,  with  my  habitual  respect  for 
him  (for  nobody  is  more  courteous  and  more  gentlemanly),  to 
ask  him  if  he  will  be  kind  enough  to  tell  me  what  single  par 
ticular  provision  there  is  in  this  bill  which  is  in  violation  of  the 
Constitution  of  the  United  States,  which  I  have  sworn  to 
support;  —  one  distinct,  single  proposition  in  the  bill. 

Mr.  Breckinridge.  I  will  state,  in  general  terms,  that  every 
one  of  them  is,  in  my  opinion,  flagrantly  so,  unless  it  may  be 
the  last.  I  will  send  the  Senator  the  bill,  and  he  may  comment 
on  the  sections. 

Mr.  Baker.  Pick  out  that  one  which  is  in  your  judgment 
most  clearly  so. 

Mr.  Breckinridge.  They  are  all,  in  my  opinion,  so  equally 

1  In  the  United.  States  Senate.  Cong.  Globe,  1st  Session,  37th  Congress, 
pp.  377,  378,  and  379. 


296  APPENDIX 

atrocious  that  I  dislike  to  discriminate.  I  will  send  the 
Senator  the  bill,  and  I  tell  him  that  every  section,  except  the 
last,  in  my  opinion,  violates  the  Constitution  of  the  United 
States;  and  of  that  last  section  I  express  no  opinion. 

Mr.  Baker.  I  had  hoped  that  that  respectful  suggestion 
to  the  Senator  would  enable  him  to  point  out  to  me  one  in 
his  judgment  most  clearly  so,  for  they  are  not  all  alike  — 
they  are  not  equally  atrocious. 

Mr.  Breckinridge.  Very  nearly.  There  are  ten  of  them. 
The  Senator  can  select  which  he  pleases. 

Mr.  Baker.  Let  me  try,  then,  if  I  must  generalize  as  the 
Senator  does,  to  see  if  I  can  get  the  scope  and  meaning  of  this 
bill.  It  is  a  bill  providing  that  the  President  of  the  United 
States  may  declare,  by  proclamation,  in  a  certain  given  state 
of  fact,  certain  territory  within  the  United  States  to  be  in  a 
condition  of  insurrection  and  war;  which  proclamation  shall 
be  extensively  published  within  the  district  to  which  it  relates. 
That  is  the  first  proposition.  I  ask  him  if  that  is  unconstitu 
tional?  That  is  a  plain  question.  Is  it  unconstitutional  to 
give  power  to  the  President  to  declare  a  portion  of  the  terri 
tory  of  the  United  States  in  a  state  of  insurrection  or  rebel 
lion?  He  will  not  dare  to  say  it  is. 

Mr.  Breckinridge.  Mr.  President,  the  Senator  from  Oregon 
is  a  very  adroit  debater,  and  he  discovers,  of  course,  the  great 
advantage  he  would  have  if  I  were  to  allow  him,  occupying 
the  floor,  to  ask  me  a  series  of  questions,  and  then  have  his 
own  criticisms  made  on  them.  When  he  has  closed  his  speech, 
if  I  deem  it  necessary  I  may  make  some  reply.  At  present, 
however,  I  will  answer  that  question.  The  State  of  Illinois,  I 
believe,  is  a  military  district;  the  State  of  Kentucky  is  a  mili 
tary  district.  In  my  judgment  the  President  has  no  authority, 
and,  in  my  judgment,  Congress  has  no  right  to  confer  upon  the 
President  authority,  to  declare  a  state  in  a  condition  of  insur 
rection  or  rebellion. 

Mr.  Baker.  In  the  first  place,  the  bill  does  not  say  a  word 
about  states.  That  is  the  first  answer. 


APPENDIX  297 

Mr.  Breckinridge.  Does  notthe  Senator  know,  in  fact,  that 
those  states  compose  military  districts?  It  might  as  well  have 
said  "states"  as  to  describe  what  is  a  state. 

Mr.  Baker.  I  do;  and  that  is  the  reason  why  I  suggest  to 
the  honorable  Senator  that  this  criticism  about  states  does 
not  mean  anything  at  all.  That  is  the  very  point.  The  objec 
tion  certainly  ought  not  to  be  that  he  can  declare  a  part  of  a 
state  in  insurrection  and  not  the  whole  of  it.  In  point  of  fact, 
the  Constitution  of  the  United  States,  and  the  Congress  acting 
upon  it,  are  not  treating  of  states,  but  of  the  territory  com 
prising  the  United  States;  and  I  submit  once  more  to  his  bet 
ter  judgment  that  it  cannot  be  unconstitutional  to  allow  the 
President  to  declare  a  county  or  a  part  of  a  county,  or  a  town 
or  a  part  of  a  town,  or  part  of  a  state,  or  the  whole  of  a  state, 
or  two  states,  or  five  states,  in  a  condition  of  insurrection  if  in 
his  judgment  that  be  the  fact.  That  is  not  wrong. 

In  the  next  place,  it  provides  that,  that  being  so,  the  mili 
tary  commander  in  that  district  may  make  and  publish  such 
police  rules  and  regulations  as  he  may  deem  necessary  to  sup 
press  the  rebellion  and  restore  order  and  preserve  the  lives  and 
property  of  citizens.  I  submit  to  him,  if  the  President  of  the 
United  States  has  power,  or  ought  to  have  power,  to  suppress 
insurrection  and  rebellion,  is  there  any  better  way  to  do  it,  or 
is  there  any  other?  A  gentleman  says,  Do  it  by  the  civil  power. 
Look  at  the  fact.  The  civil  power  is  utterly  overwhelmed,  the 
courts  are  closed,  the  judges  banished.  Is  the  President  not 
to  execute  the  law?  Is  he  to  do  it  in  person,  or  by  his  military 
commanders?  Are  they  to  do  it  with  regulation,  or  without 
it?  That  is  the  only  question. 

Mr.  President,  the  honorable  Senator  says  there  is  a  state 
of  war.  The  Senator  from  Vermont  agrees  with  him;  or 
rather,  he  agrees  with  the  Senator  from  Vermont  in  that. 
What  then?  There  is  a  state  of  public  war;  none  the  less  war 
because  it  is  urged  from  the  other  side;  not  the  less  war  be 
cause  it  is  unjust;  not  the  less  war  because  it  is  a  war  of  insur 
rection  and  rebellion;  it  is  still  war;  and  I  am  willing  to  say  it 


298  APPENDIX 

is  public  war  —  public  as  contradistinguished  from  private 
war.  What  then?  Shall  we  carry  that  war  on?  Is  it  his  duty 
as  a  Senator  to  carry  it  on?  If  so,  how?  By  armies,  under 
command;  by  military  organization  and  authority,  advancing 
to  suppress  insurrection  and  rebellion.  Is  that  wrong?  Is  that 
unconstitutional?  Are  we  not  bound  to  do  with  whoever 
levies  war  against  us  as  we  would  do  if  he  was  a  foreigner? 
There  is  no  distinction  as  to  the  mode  of  carrying  on  war; 
we  carry  on  war  against  an  advancing  army  just  the  same 
whether  it  be  from  Russia  or  from  South  Carolina.  Will  the 
honorable  Senator  tell  me  it  is  our  duty  to  stay  here,  within 
fifteen  miles  of  the  enemy  seeking  to  advance  upon  us  every 
hour,  and  talk  about  nice  questions  of  constitutional  construc 
tion  as  to  whether  it  is  war  or  merely  insurrection?  No,  sir.  It 
is  our  duty  to  advance,  if  we  can;  to  suppress  insurrection; 
to  put  down  rebellion;  to  dissipate  the  rising;  to  scatter  the 
enemy;  and  when  we  have  done  so,  to  preserve,  in  the  terms 
of  the  bill,  the  liberty,  lives,  and  property  of  the  people  of  the 
country,  by  just  and  fair  police  regulations.  I  ask  the  Senator 
from  Indiana  (Mr.  Lane),  when  we  took  Monterey  did  we  not 
do  it  there?  When  we  took  Mexico,  did  we  not  do  it  there? 
Is  it  not  a  part,  a  necessary,  an  indispensable  part,  of  war  itself, 
that  there  shall  be  military  regulations  over  the  country  con 
quered  and  held?  Is  that  unconstitutional? 

I  think  it  was  a  mere  play  of  words  that  the  Senator  in 
dulged  in  when  he  attempted  to  answer  the  Senator  from 
New  York.  I  did  not  understand  the  Senator  from  New  York 
to  mean  anything  else  substantially  but  this,  that  the  Con 
stitution  deals  generally  with  a  state  of  peace,  and  that  when 
war  is  declared  it  leaves  the  condition  of  public  affairs  to  be 
determined  by  the  law  of  war,  in  the  country  where  the  war 
exists.  It  is  true  that  the  Constitution  of  the  United  States 
does  not  adopt  the  laws  of  war  as  a  part  of  the  instrument 
itself,  during  the  continuance  of  war.  The  Constitution  does 
not  provide  that  spies  shall  be  hung.  Is  it  unconstitutional  to 
hang  a  spy?  There  is  no  provision  for  it  in  terms  in  the  Con- 


APPENDIX  299 

stitution;  but  nobody  denies  the  right,  the  power,  the  justice. 
Why?  Because  it  is  part  of  the  law  of  war.  The  Constitution 
does  not  provide  for  the  exchange  of  prisoners;  yet  it  may  be 
done  under  the  law  of  war.  Indeed,  the  Constitution  does  not 
provide  that  a  prisoner  may  be  taken  at  all;  yet  his  captivity 
is  perfectly  just  and  constitutional.  It  seems  to  me  that  the 
Senator  does  not,  will  not,  contest  that  view  of  the  subject. 

Again,  sir,  when  a  military  commander  advances,  as  I  trust, 
if  there  are  no  more  unexpected  great  reverses  he  will  advance, 
through  Virginia,  and  occupies  the  country,  there,  perhaps,  as 
here,  the  civil  law  may  be  silent;  there,  perhaps,  the  civil 
officers  may  flee,  as  ours  have  been  compelled  to  flee.  What 
then?  If  the  civil  law  is  silent,  who  shall  control  and  regulate 
the  conquered  district  —  who  but  the  military  commander? 
As  the  Senator  from  Illinois  has  well  said,  shall  it  be  done  by 
regulation  or  without  regulation?  Shall  the  General,  or  the 
Colonel,  or  the  Captain,  be  supreme,  or  shall  he  be  regulated 
and  ordered  by  the  President  of  the  United  States?  That  is 
the  sole  question.  The  Senator  has  put  it  well. 

I  agree  that  we  ought  to  do  all  we  can  to  limit,  to  restrain, 
to  fetter  the  abuse  of  military  power.  Bayonets  are  at  best 
illogical  arguments.  I  am  not  willing,  except  as  a  case  of 
sheerest  necessity,  ever  to  permit  a  military  commander  to 
exercise  authority  over  life,  liberty,  and  property.  But,  sir,  it 
is  part  of  the  law  of  war;  you  cannot  carry  in  the  rear  of  your 
army  your  courts;  you  cannot  organize  juries;  you  cannot 
have  trials  according  to  the  forms  and  ceremonial  of  the  com 
mon  law  amid  the  clangor  of  arms;  and  somebody  must  en 
force  police  regulations  in  a  conquered  or  occupied  district.  I 
ask  the  Senator  from  Kentucky  again,  respectfully,  is  that 
unconstitutional ;  or  if  in  the  nature  of  war  it  must  exist,  even 
if  there  be  no  law  passed  by  us  to  allow  it,  is  it  unconstitu 
tional  to  regulate  it?  That  is  the  question,  to  which  I  do  not 
think  he  will  make  a  clear  and  distinct  reply. 

Now,  sir,  I  have  shown  him  two  sections  of  the  bill  which  I 
do  not  think  he  will  repeat  earnestly  are  unconstitutional.  I 


300  APPENDIX 

do  not  think  that  he  will  seriously  deny  that  it  is  perfectly  con 
stitutional  to  limit,  to  regulate,  to  control,  at  the  same  time  to 
confer  and  restrain,  authority  in  the  hands  of  military  com 
manders.  I  think  it  is  wise  and  judicious  to  regulate  it  by  virtue 
of  powers  to  be  placed  in  the  hands  of  the  President  by  law. 
Now,  a  few  words,  and  a  few  only,  as  to  the  Senator's  pre 
dictions.  The  Senator  from  Kentucky  stands  up  here  in  a 
manly  way,  in  opposition  to  what  he  sees  is  the  overwhelming 
sentiment  of  the  Senate,  and  utters  reproof,  malediction,  and 
prediction  combined.  Well,  sir,  it  is  not  every  prediction  that 
is  prophecy.  It  is  the  easiest  thing  in  the  world  to  do;  there 
is  nothing  easier,  except  to  be  mistaken  when  we  have  pre 
dicted.  I  confess,  Mr.  President,  that  I  would  not  have  pre 
dicted  three  weeks  ago  the  disasters  which  have  overtaken  our 
arms;  and  I  do  not  think  (if  I  were  to  predict  now),  that  six 
months  hence  the  Senator  will  indulge  in  the  same  tone  of  pre 
diction  which  is  his  favorite  key  now.  I  would  ask  him,  what 
would  you  have  us  do  now  —  a  Confederate  army  within 
twenty  miles  of  us,  advancing,  or  threatening  to  advance,  to 
overwhelm  your  Government;  to  shake  the  pillars  of  the 
Union;  to  bring  it  around  your  head,  if  you  stay  here,  in 
ruins?  Are  we  to  stop  and  talk  about  an  uprising  sentiment  in 
the  North  against  the  war?  Are  we  to  predict  evil  and  retire 
from  what  we  predict?  Is  it  not  the  manly  part  to  go  on  as  we 
have  begun,  to  raise  money,  and  levy  armies,  to  organize 
them,  to  prepare  to  advance;  when  we  do  advance,  to  regu 
late  that  advance  by  all  the  laws  and  regulations  that  civiliza 
tion  and  humanity  will  allow  in  time  of  battle?  Can  we  do 
anything  more?  To  talk  to  us  about  stopping  is  idle;  we  will 
never  stop.  Will  the  Senator  yield  to  rebellion?  Will  he 
shrink  from  armed  insurrection?  Will  his  state  justify  it? 
Will  its  better  public  opinion  allow  it?  Shall  we  send  a  flag  of 
truce?  What  would  he  have?  Or  would  he  conduct  this  war  so 
feebly  that  the  whole  world  would  smile  at  us  in  derision? 
What  would  he  have?  These  speeches  of  his,  sown  broadcast 
over  the  land,  what  clear  distinct  meaning  have  they?  Are 


APPENDIX  301 

they  not  intended  for  disorganization  in  our  very  midst?  Are 
they  not  intended  to  dull  our  weapons?  Are  they  not  in 
tended  to  destroy  our  zeal?  Are  they  not  intended  to  animate 
our  enemies?  Sir,  are  they  not  words  of  brilliant,  polished 
treason,  even  in  the  very  Capitol  of  the  Confederacy?  (Man 
ifestations  of  applause  in  the  galleries.) 

The  Presiding  Officer  (Mr.  Anthony  in  the  chair).   Order! 

Mr.  Baker.  What  would  have  been  thought  if,  in  another 
capitol,  in  another  republic,  in  a  yet  more  martial  age,  a  sena 
tor  as  grave,  not  more  eloquent  or  dignified  than  the  Senator 
from  Kentucky,  yet  with  the  Roman  purple  flowing  over  his 
shoulders,  had  risen  in  his  place,  surrounded  by  all  the  illus 
trations  of  Roman  glory,  and  declared  that  advancing  Han 
nibal  was  just,  and  that  Carthage  ought  to  be  dealt  with  in 
terms  of  peace?  What  would  have  been  thought  if,  after  the 
battle  of  Cannae,  a  senator  there  had  risen  in  his  place  and 
denounced  every  levy  of  the  Roman  people,  every  expenditure 
of  its  treasure,  and  every  appeal  to  the  old  recollections  and 
the  old  glories?  Sir,  a  Senator,  himself  learned  far  more  than 
myself  in  such  lore,  tells  me,  in  a  voice  that  I  am  glad  is  audi 
ble,  that  he  would  have  been  hurled  from  the  Tarpeian 
Rock.1  It  is  a  grand  commentary  upon  the  American  Consti 
tution  that  we  permit  these  words  to  be  uttered.  I  ask  the 
Senator  to  recollect,  too,  what,  save  to  send  aid  and  comfort 
to  the  enemy,  do  these  predictions  of  his  amount  to?  Every 
word  thus  uttered  falls  as  a  note  of  inspiration  upon  every 
Confederate  ear.  Every  sound  thus  uttered  is  a  word  (and, 
falling  from  his  lips,  a  mighty  word),  of  kindling  and  triumph 
to  a  foe  that  determines  to  advance.  For  me,  I  have  no  such 
words  as  a  Senator  to  utter.  For  me,  amid  temporary  defeat, 
disaster,  disgrace,  it  seems  that  my  duty  calls  me  to  utter  an 
other  word,  and  that  word  is,  bold,  sudden,  forward,  de 
termined  war,  according  to  the  laws  of  war,  by  armies,  by 
military  commanders  clothed  with  full  power,  advancing 

1  The  Senator  who  injected  the  remark  was  Mr.  Fessenden,  but  Mr.  Breck- 
inridge  supposed  it  was  Mr.  Sumner,  whom  he  afterwards  attacked  in  speech. 


802  APPENDIX 

with  all  the  past  glories  of  the  Republic  urging  them  on  to 
conquest. 

I  do  not  stop  to  consider  whether  it  is  subjugation  or  not. 
It  is  compulsory  obedience;  not  to  my  will;  not  to  yours,  sir; 
not  to  the  will  of  any  one  man;  not  to  the  will  of  any  one 
state;  but  compulsory  obedience  to  the  Constitution  of  the 
whole  country.  The  Senator  chose  the  other  day  again  and 
again  to  animadvert  on  a  single  expression  in  a  little  speech 
which  I  delivered  before  the  Senate,  in  which  I  took  occasion 
to  say  that  if  the  people  of  the  rebellious  states  would  not 
govern  themselves  as  states  they  ought  to  be  governed  as 
territories.  The  Senator  knew  full  well  then,  for  I  explained  it 
twice,  —  he  knows  full  well  now,  —  that  on  this  side  of  the 
chamber,  nay,  in  this  whole  chamber,  nay,  in  this  whole 
North  and  West,  nay,  in  all  the  loyal  states  in  all  their 
breadth,  there  is  not  a  man  among  us  all  who  dreams  of  caus 
ing  any  man  in  the  South  to  submit  to  any  rule,  either  as  to 
life,  liberty,  or  property,  that  we  ourselves  do  not  willingly 
agree  to  yield  to.  Did  he  ever  think  of  that?  Subjugation 
for  what?  When  we  subjugate  South  Carolina  what  shall  we 
do?  We  shall  compel  its  obedience  to  the  Constitution  of  the 
United  States;  that  is  all.  Why  play  upon  words?  We  do  not 
mean,  we  have  never  said,  any  more.  If  it  be  slavery  that 
men  should  obey  the  Constitution  their  fathers  fought  for,  let 
it  be  so.  If  it  be  freedom,  it  is  freedom  equally  for  them  and 
for  us.  We  propose  to  subjugate  rebellion  into  loyalty.  We 
propose  to  subjugate  insurrection  into  peace.  We  propose 
to  subjugate  confederate  anarchy  into  constitutional  union 
liberty.  The  Senator  well  knows  that  we  propose  no  more.  I 
ask  him,  I  appeal  to  his  better  judgment  now,  what  does  he 
imagine  we  intend  to  do,  if  fortunately  we  conquer  Tennessee 
or  South  Carolina,  —  call  it  "conquer,"  if  you  will,  sir, — 
what  do  we  propose  to  do?  They  will  have  their  courts  still; 
they  will  have  their  ballot-boxes  still;  they  will  have  their  elec 
tions  still;  they  will  have  their  representatives  upon  this  floor 
still;  they  will  have  taxation  and  representation  still;  they  will 


APPENDIX  303 

have  the  writ  of  habeas  corpus  still ;  they  will  have  every  privi 
lege  they  ever  had  and  all  we  desire.  When  the  Confederate 
armies  are  scattered;  when  their  leaders  are  banished  from 
power;  when  the  people  return  to  a  late,  repentant  sense  of  the 
wrong  they  have  done  to  a  Government  they  never  felt  but  in 
benignancy  and  blessing,  then  the  Constitution  made  for  all 
will  be  felt  by  all,  like  the  descending  rains  from  heaven  which 
bless  all  alike.  Is  that  subjugation?  To  restore  what  was,  as  it 
was,  for  the  benefit  of  the  whole  country  and  of  the  whole 
human  race,  is  all  we  desire  and  all  we  can  have. 

Gentlemen  talk  about  the  Northeast.  I  appeal  to  Senators 
from  the  Northeast,  is  there  a  man  in  all  your  states  who  ad 
vances  upon  the  South  with  any  other  idea  but  to  restore  the 
Constitution  of  the  United  States  in  its  spirit  and  its  unity? 
I  never  heard  that  once.  I  believe  no  man  indulges  in  any 
dream  of  inflicting  there  any  wrong  to  public  liberty;  and 
I  respectfully  tell  the  Senator  from  Kentucky  that  he  per 
sistently,  earnestly,  I  will  not  say  willfully,  misrepresents  the 
sentiment  of  the  North  and  West  when  he  attempts  to  teach 
these  doctrines  to  the  Confederates  of  the  South. 

Sir,  while  I  am  predicting,  I  will  tell  you  another  thing. 
This  threat  about  money  and  men  amounts  to  nothing.  Some 
of  the  states  which  have  been  named  in  that  connection  I 
know  well.  I  know,  as  my  friend  from  Illinois  will  bear  me 
witness,  his  own  state,  very  well.  I  am  sure  that  no  temporary 
defeat,  no  momentary  disaster,  will  swerve  that  state  either 
from  its  allegiance  to  the  Union  or  from  its  determination  to 
preserve  it.  It  is  not  with  us  a  question  of  money  or  of  blood; 
it  is  a  question  involving  considerations  higher  than  these. 
When  the  Senator  from  Kentucky  speaks  of  the  Pacific,  I  see 
another  distinguished  friend  from  Illinois,  now  worthily  rep 
resenting  one  of  the  states  on  the  Pacific  (Mr.  McDougall), 
who  will  bear  me  witness  that  I  know  that  state  too,  well.  I 
take  the  liberty,  —  I  know  I  but  utter  his  sentiments  in  ad 
vance,  — joining  with  him,  to  say  that  that  state,  quoting  from 
the  passage  the  gentleman  himself  has  quoted,  will  be  true  to 


304  APPENDIX 

the  Union  to  the  last  of  her  blood  and  her  treasure.  There  may 
be  there  some  disaffected ;  there  may  be  some  few  men  there 
who  would  "rather  rule  in  Hell  than  serve  in  Heaven."  There 
are  such  men  everywhere.  There  are  a  few  men  there  who 
have  left  the  South  for  the  good  of  the  South;  who  are  per 
verse,  violent,  destructive,  revolutionary,  and  opposed  to  so 
cial  order.  A  few,  but  a  very  few,  thus  formed  and  thus  nur 
tured,  in  California  and  in  Oregon  both,  persistently  endeavor 
to  create  and  maintain  mischief;  but  the  great  portion  of  our 
population  are  loyal  to  the  core  and  in  every  chord  of  their 
hearts.  They  are  offering  through  me  —  more  to  their  own 
Senators,  every  day,  from  California,  and  indeed  from  Oregon 
—  to  add  to  the  legions  of  this  country,  by  the  hundred  and 
the  thousand.  They  are  willing  to  come  thousands  of  miles 
with  their  arms  on  their  shoulders,  at  their  own  expense,  to 
share  with  the  best  offering  of  their  heart's  blood  in  the  great 
struggle  for  constitutional  liberty.  I  tell  the  Senator  that  his 
predictions,  sometimes  for  the  South,  sometimes  for  the 
Middle  States,  sometimes  for  the  Northeast,  and  then  wan 
dering  away  in  airy  visions  out  to  the  far  Pacific,  about  the 
dread  of  our  people  as  for  loss  of  blood  and  treasure  provok 
ing  them  to  disloyalty,  are  false  in  sentiment,  false  in  fact,  and 
false  in  loyalty.  The  Senator  from  Kentucky  is  mistaken  in 
them  all.  Five  hundred  million  dollars!  What  then?  Great 
Britain  gave  more  than  two  thousand  million  in  the  great 
battle  for  constitutional  liberty  which  she  led  at  one  time  al 
most  single-handed  against  the  world.  Five  hundred  thou 
sand  men!  What  then?  We  have  them;  they  are  ours;  they 
are  the  children  of  the  country.  They  belong  to  the  Whole 
country;  they  are  our  sons;  our  kinsmen;  and  there  are  many 
of  us  who  will  give  them  all  up  before  we  will  abate  one  word 
of  our  just  demand  or  retreat  one  inch  from  the  line  which 
divides  right  from  wrong. 

Sir,  it  is  not  a  question  of  men  or  of  money  in  that  sense. 
All  the  money,  all  the  men,  are,  in  our  judgment,  well  be 
stowed  in  such  a  cause.  When  we  give  them  we  know  their 


APPENDIX  305 

value.  Knowing  their  value  well,  we  give  them  with  the  more 
pride  and  the  more  joy.  Sir,  how  can  we  retreat?  Sir,  how  can 
we  make  peace?  Who  shall  treat?  What  commissioners? 
Who  would  go?  Upon  what  terms?  Where  is  to  be  your 
boundary  line?  Where  the  end  of  the  principles  we  shall  have 
to  give  up?  What  will  become  of  constitutional  government? 
What  will  become  of  public  liberty?  What  of  past  glories? 
What  of  future  hopes?  Shall  we  sink  into  the  insignificance  of 
the  grave  —  a  degraded,  defeated,  emasculated  people,  fright 
ened  by  the  results  of  one  battle,  and  scared  at  the  visions 
raised  upon  this  floor  by  the  imagination  of  the  Senator  from 
Kentucky?  No,  sir;  a  thousand  times,  no,  sir!  We  will  rally  — 
if,  indeed,  our  words  be  necessary  —  we  will  rally  the  people, 
the  loyal  people,  of  the  whole  country.  They  will  pour  forth 
their  treasure,  their  money,  their  men,  without  stint,  without 
measure.  The  most  peaceable  man  in  this  body  may  stamp 
his  foot  upon  this  Senate  Chamber  floor,  as  of  old  a  warrior 
and  a  senator  did,  and  from  that  single  tramp  there  will  spring 
forth  armed  legions.  Shall  one  battle  determine  the  fate  of 
empire,  —  or  a  dozen?  the  loss  of  one  thousand  men  or  twenty 
thousand,  or  one  hundred  million  dollars  or  five  hundred  mil 
lion  dollars?  In  a  year's  peace,  in  ten  years,  at  most,  of  peace 
ful  progress,  we  can  restore  them  all.  There  will  be  some 
graves  reeking  with  blood,  watered  by  the  tears  of  affection. 
There  will  be  some  privation;  there  will  be  some  loss  of  lux 
ury;  there  will  be  somewhat  more  need  for  labor  to  procure 
the  necessaries  of  life.  When  that  is  said,  all  is  said.  If  we 
have  the  country,  the  whole  country,  the  Union,  the  Constitu 
tion,  free  government  —  with  these  there  will  return  all  the 
blessings  of  well-ordered  civilization;  the  path  of  the  country 
will  be  a  career  of  greatness  and  of  glory  such  as  in  the  olden 
time  our  fathers  saw  in  the  dim  visions  of  years  to  come,  and 
such  as  would  have  been  ours  now,  to-day,  if  it  had  not 
been  for  the  treason  for  which  the  Senator  too  often  seeks  to 
apologize. 


II 

BATTLE  OF  BALL'S  BLUFF  — WHO  WAS  RESPONSIBLE 
FOR  THAT  DISASTER  TO  THE  UNION  ARMS? l 

COMPARED  with  subsequent  engagements  in  the  Civil  War 
the  Battle  of  Ball's  Bluff  seems  now  of  little  moment.  But  in 
1861  the  country  was  greatly  excited  and  enraged  over  the 
affair.  Officers  in  General  Stone's  division  testified  that  their 
commander  had,  under  flags  of  truce,  carried  on  correspond 
ence  with  persons  inside  the  rebel  lines,  and  that  his  loyalty 
was  distrusted  by  many  in  his  command.  The  General  was 
able  to  make  satisfactory  explanations.  General  Stone  had 
been  indiscreet.2  He  knew  the  art  of  war,  but  at  first  he 
failed  to  appreciate  its  spirit  as  defined  by  General  Sherman.3 
There  is  not  the  slightest  ground  to  suspect  his  fidelity. 

Confronting  the  prevalent  hypothesis,  that  either  he  or 
Colonel  Baker  was  to  blame  for  the  disaster  at  Ball's  Bluff,  he 
declared  that  it  was  Baker;  and  being  angry  at  having  to  meet 
unjust  accusations,  in  defending  himself  he  became  unjust  to 
Baker.  The  War  Department  took  the  side  against  Stone,  and 
while  the  controversy  was  hot  the  General  was  relieved  of  his 
command  and  imprisoned  in  Fort  Lafayette.  He  was  not 
tried.  No  charges  against  him  were  ever  formulated.  And 
after  several  months  he  was  released  and  subsequently  was  in 
active  service. 

The  motive  that  prompted  the  writing  of  this  book  requires 
me  to  review  the  case  and  see  whether  the  responsibility  for 
the  disaster  can  be  definitely  placed. 

1  It  is  impracticable  to  append  a  footnote  in  each  of  the  many  instances 
of  use  of  an  official  report  and  of  testimony.  All  such  reports  are  in  Rebellion 
Records,  series  I,  vol.  v.  The  testimony  is  in  the  Report  of  the  Congressional 
Joint  Committee  on  the  Conduct  of  the  War,  part  2.  Both  books  are  well  in 
dexed.  —  E.  R.  K. 

2  See  page  277.  •  "War  is  Hell." 


APPENDIX  307 

I.  In  the  autumn  of  1861  the  Army  of  the  Potomac,  com 
manded  by  General  McClellan,  extended,  by  divisions  within 
supporting  distance  of  one  another,  from  a  point  in  Virginia 
opposite  the  national  capital  in  a  northwesterly  direction  as 
far  as  Poolesville,  in  Maryland;  thus  guarding  Washington 
and  threatening  Richmond.  A  vigilant  and  alert  foe  con 
fronted  our  entire  line,  ready  to  take  advantage  of  any  false 
move.  That  commander  of  a  division  must  have  been  a  rash 
man  who  should,  unless  ordered  by  General  McClellan,  break 
the  established  alignment  and  disturb  the  relation  between 
his  force  and  the  divisions  lying  next  to  him. 

On  the  19th  of  October,  a  Saturday,  Major-General  McCall, 
under  orders  from  General  McClellan,  pushed  his  division  out 
beyond  his  established  lines,  to  Dranesville,  "to  cover  recon- 
noissances,"  as  General  McClellan  explained,  "and  gain  in 
formation  of  the  nature  of  the  country  and  the  position  of  the 
enemy."  General  Stone,  whose  division  lay  to  the  north 
west  of  McCall's,  was  told  of  this  movement  Sunday  morning 
by  the  following  communication  from  McClellan's  adjutant- 
general  :  — 

General  McClellan  desires  me  to  inform  you  that  General  McCall 
occupied  Dranesville  yesterday  and  is  still  there.  Will  send  out 
heavy  reconnoissances  to-day  l  in  all  directions  from  that  point. 
The  General  desires  that  you  will  keep  a  good  lookout  upon  Lees- 
burg,  to  see  if  this  movement  has  the  effect  to  drive  them  [rebel 
troops  believed  to  be  there]  away.  Perhaps  a  slight  demonstration 
on  your  part  would  have  the  effect  to  move  them. 

General  McCall  sent  out  his  reconnoitring  parties,  got  them 
safely  back  the  same  day,  and  then,  pursuant  to  McClellan's 
plan  and  orders,  marched  back  to  his  former  position.  The 
knowledge  required  had  been  obtained.  The  movement  was 
ended. 

On  the  appointed  day  —  Sunday,  the  20th  —  General 
Stone  made  a  feint  at  Edwards  Ferry.  A  considerable  force, 

1  The  italics  are  mine.  —  E.  R.  K. 


308  APPENDIX 

in  sight  of  the  rebel  lookouts,  marched  from  their  camp  down 
to  the  bank  of  the  river,  where  as  many  of  them  as  practicable 
were  embarked  in  boats  and  scows  and  paddled  or  poled 
toward  the  Virginia  shore.  They  did  not  land;  having  con 
tributed  toward  the  "slight  demonstrations";  having,  per 
haps,  helped  to  scare  the  rebel  force  at  Leesburg,  —  between 
three  and  four  miles  distant,  —  they  disembarked  and  re 
turned  to  their  camp.  At  the  time  this  force  was  making  its 
feint  a  detachment  of  twenty  men,  under  General  Stone's 
orders,  actually  crossed  over  the  river  at  Conrad's  Ferry,  four 
miles  above  Edwards  Ferry,  and  marched  into  the  country  in 
the  direction  of  Leesburg,  when,  coming  in  sight  of  what  they 
thought  was  a  rebel  camp,  they  turned  back  to  report,  remain 
ing,  however,  on  the  Virginia  side.  Their  work  was  done  and 
the  day  was  ended.  General  Stone  testified  that  if  he  had 
known  General  McCall's  division  had  fallen  back  from 
Dranesville  he  would  have  recalled  his  little  party.  Instead, 
he  sent  orders  to  Colonel  Devens,  Fifteenth  Massachusetts 
Infantry,  to  cross  four  companies  to  Virginia,  march  toward 
Leesburg  under  cover  of  the  night,  attack  the  camp  that  was 
supposed  to  have  been  discovered,  and  then  return  to  Mary 
land;  provided,  however,  that  under  certain  circumstances 
he  was  to  "hold  on"  in  Virginia  and  report.  Devens  acted 
promptly.  He  found  the  supposed  tents  were  merely  open 
ings  in  the  trees,  so  he  soon  returned  to  Ball's  Bluff,  and,  the 
circumstances  described  having  come  about,  he  held  on,  as  he 
had  been  ordered  to.  If  General  Stone,  having  done  all  that 
had  been  asked  or  expected  of  him,  had  stopped  right  there; 
if  he  had  not  "guessed  wrong"  as  to  McCall  and  then  based 
an  unauthorized  movement  on  his  erroneous  guess;  if  he  had 
recalled  Devens  to  his  camp  in  Maryland,  there  would  not 
have  been  any  battle  of  Ball's  Bluff. 

II.  The  following  day,  Monday,  October  21,  without  orders 
from  General  McClellan;  without  even  notifying  the  com 
manding  general  of  his  purpose;  without  trying  to  establish 
communication  with  McCall,  —  an  effort  to  do  which  would 


APPENDIX  309 

have  relieved  him  of  his  delusion  as  to  McCalPs  position  and 
so  have  avoided  all  the  chagrin  and  blame  for  Monday's 
operations,  —  General  Stone  left  the  position  to  which  he  had 
been  assigned  by  General  McClellan  and  undertook  a  move 
ment  in  force,  with  nearly  his  entire  division,  into  Virginia. 
Such  a  movement  on  Sunday,  in  compliance  with  a  suggestion 
for  a  "slight  demonstration,"  would  have  been  an  absurd 
excess.  On  Monday  it  was  as  unwarranted  a  move  as  is 
recorded  in  the  history  of  warfare. 

General  McCall,  testifying  before  the  Congressional  Com 
mittee,  said :  — 

.  I  have  never  been  able  to  account  for  Stone's  movement,  which 
was  certainly  a  very  injudicious  one. 

General  McClellan  declared :  — 

No  order  that  I  gave  looked  to  a  crossing  of  the  river  in  force  by 
General  Stone. 

And  General  Stone,  referring  to  this  Monday  demonstra 
tion,  said :  — 

It  originated  from  myself. 

III.  General  Stone  relied  for  the  success  of  his  demon 
stration  on  the  nearness  and  influence  and  cooperation  of 
McCall's  division.  He  listened  for  the  sound  of  McCall's 
guns.  He  looked  for  McCall's  men  to  appear.  He  cautioned 
his  own  troops  to  be  on  the  lookout  and  not  fire  into  McCall's 
men  when  they  should  come  in  sight.  All  based  on  a  bad 
guess.  General  Stone,  having  been  informed  that  General 
McCall's  reconnoitring  parties  were  to  be  out  "to-day," 
Sunday,  assumed  that  they  would  be  out  to-morrow,  Mon 
day. 

General  Stone  testified :  — 

Had  I  known  on  Sunday  night  at  ten  o'clock,  when  I  gave  the 
order  to  Colonel  Devens  to  go  over  and  destroy  the  rebel  camp  which 
was  supposed  to  be  on  the  other  side,  that  McCall's  division  was  not 
at  Dranesville,  I  should  have  made  the  order  to  return,  and  return 
quickly,  an  imperative  order. 


810  APPENDIX 

Well,  why  did  he  not  know  ?  The  military  telegraph  between 
McClellan's  headquarters  and  Stone's  camp  was  in  order. 
McClellan  had  positive  information  ten  days  before  that  the 
rebel  force  at  Leesburg  was  11,000.  He  would  assuredly  have 
kept  Stone  in  place  and  out  of  trouble  if  he  had  been  given  the 
chance.  In  this  confession,  the  import  and  significance  of 
which  have  been  strangely  overlooked,  the  crux  of  the  ques 
tion  of  responsibility  is  cleared  up. 

IV.  The  position  to  which  Colonel  Baker  was  sent  by 
General  Stone  was  difficult  of  access  from  the  north  and  easy 
of  access  from  the  south ;  was  reached  from  the  river  by  a  hard 
climb  up  a  steep  bluff,  but  presented  no  obstacles  to  troops 
approaching  from  the  interior,  and  had  no  base  of  supplies  or 
line  of  retreat  to  the  north  except  by  a  hand-power  ferry  over 
a  swift-running  river.  Colonel  Hinks,  of  the  Nineteenth  Mas 
sachusetts,  who  was  in  the  battle,  testified :  — 

In  my  judgment  it  was  the  most  unfortunate  selection  to  cross  the 
river  from  the  Great  Falls  to  Frederick. 

Colonel  Jenifer,  of  the  Confederates,  —  a  classmate  of 
Stone's  at  West  Point,  —  asked  of  a  Union  officer  who  had 
been  taken  prisoner,  "What  damned  fool  sent  you  over  here?  " 

Colonel  Baker  had  no  more  to  do  with  selecting  the  place 
than  he  had  with  planning  the  movement. 

V.  The  means  for  transporting  troops  and  munitions  across 
the  river  were  grossly  inadequate.  Colonel  Lee,  of  the  Twen 
tieth  Massachusetts,  describes  the  means  as  consisting  of 
three  scows,  one  of  them  capable  of  carrying  fifty  men  and  the 
others  from  forty  to  fifty-five  each.  There  was  also  a  skiff. 

These  scows,  Colonel  Lee  said,  were  poled  across.  The  current  was 
pretty  strong,  very  swift,  the  rains  of  the  previous  few  days  having 
swollen  the  river  considerably,  and  in  order  to  reach  the  island  [a  dis 
tance  exceeding  two  hundred  and  fifty  yards],  it  was  necessary  to 
pole  the  scows  up  the  river  some  distance  and  then  take  the  down 
ward  current  and  a  diagonal  course  across  the  river.  Sometimes  the 
scows  failed  to  make  the  landing  and  had  to  be  poled  up  again. 


APPENDIX  311 

Captain  Merritt,  of  the  Nineteenth  Massachusetts,  testi 
fied  that  even  these  conveyances  were  not  ready  for  use,  so 
that  the  soldiers,  when  they  wanted  to  use  the  scows  that 
fateful  Monday,  — 

had  to  cut  down  very  sizable  trees,  and  that  made  the  poles  so 
heavy  as  to  make  them  almost  unmanageable. 

The  hard  work  of  Monday  brought  the  number  of  Union 
troops  on  the  field  of  Ball's  Bluff,  at  the  time  of  the  actual  bat 
tle,  up  to  seventeen  hundred  and  twenty,  a  force,  according  to 
Stone's  message  to  Baker,  less  than  half  that  of  the  Confed 
erates.  Meantime  several  thousand  troops  were  standing 
around  on  Harrison's  Island  and  the  Maryland  bank,1  in 
plain  hearing  of  the  musket  firing,  anxious  to  join  their  com 
rades,  but  unable  to  get  across  the  water.  Colonel  Lee,  when 
testifying,  was  asked  this  question :  — 

Then,  taking  it  in  that  point  of  view,  the  whole  disaster  resulted 
from  insufficiency  of  transportation,  because  those  troops  might 
have  been  thrown  across  to  make  you  equal  to  the  enemy? 

To  which  Colonel  Lee  answered:  - 
Yes,  sir;  there  is  no  question  about  that. 

Colonel  James  H.  Van  Allen  was  allowed  to  testify  as  to 
some  matters  on  which  he  had  no  direct  knowledge;  he  was  in 
Washington  when  the  Battle  of  Ball's  Bluff  was  fought;  but 
since  he  avowed  a  bias  favorable  to  General  Stone  his  state 
ment  relative  to  the  point  now  under  discussion  carries  weight. 
He  said :  — 

I  wish  I  could  say  that  I  knew  there  was  sufficient  transporta 
tion  right  at  hand  in  the  canal.  I  do  say,  with  all  my  regard  for  Gen 
eral  Stone,  that,  if  there  was  not,  the  order  to  cross  was  an  improper 
order,  and  I  don't  think  General  Stone's  defense  is  strong  upon  that 
point;  for  although  he  says  there  was  a  scow  and  two  boats  there, 
and  that  they  could  carry  so  many  men  in  so  many  minutes,  I  do  not 
think  that  is  a  sufficient  justification  for  sending  such  an  expedition 
across. 

1  The  long,  narrow  island  divided  the  river  into  two  channels. 


312  APPENDIX 

General  McCall  in  the  course  of  his  testimony  said :  — 

Stone  has  misstated,  unintentionally  of  course,  one  or  two  things 
in  his  report.  It  proved  afterward  that  he  had  not  the  means  to  cross 
at  all. 

General  Stone  displayed  the  same  fatuity  as  to  means  of 
transportation  in  relation  to  the  crossing  of  the  left  wing  of 
his  expedition,  at  Edwards  Ferry.  Directly  General  Banks 
was  informed  of  the  disaster  at  Ball's  Bluff  he  marched  his 
entire  division  to  Stone's  relief,  arriving  opposite  Edwards 
Ferry  in  the  night.  Stone  notified  McClellan  of  this  and  as 
sured  the  General-in-Chief  that  his  means  of  transportation 
were  ample  for  reinforcing  his  left  wing,  which,  after  the  rout 
of  the  right  wing,  was  in  peril.  Thus  misled,  McClellan  or 
dered  Stone  to  intrench  and  hold  his  position  on  the  Virginia 
side.  But  when  General  McClellan  arrived  on  the  ground, 
early  Tuesday  morning,  he  instantly  observed,  as  he  de 
clared,  "that  our  means  of  crossing  and  recrossing  were  very 
insufficient,"  and  he  at  once  withdrew  the  entire  force. 

One  important  point  relative  to  the  failure  to  provide  for 
getting  troops  and  munitions  over  to  Ball's  Bluff  was  de 
veloped  by  Senator  Wade,  chairman  of  the  Congressional 
Committee.  When  Captain  Merritt  was  before  the  Com 
mittee  the  following  testimony  was  brought  out :  — 

Question.  How  long  would  it  take  to  have  made  a  pontoon  bridge 
there? 

Answer.  I  think  if  we  had  had  the  conveniences  at  hand  we  could 
have  put  a  bridge  across  there  so  that  five  thousand  troops  could 
have  crossed  in  an  hour. 

Question.  How  long  would  it  take  to  have  made  such  a  bridge? 
Take  everything  just  as  it  was;  suppose  an  enterprise  to  cross  the 
river  had  been  in  contemplation  two  or  three  days  before. 

Answer.  I  think  it  could  have  been  done  in  two  or  three  hours. 

General  Stone's  testimony  on  this  point  is,  in  substance, 
that  "it  would  be  a  very  difficult  thing,"  and  that  "it  would 
take  a  considerable  time!" 


APPENDIX  313 

Who  was  responsible  for  this  state  of  fatal  unpreparedness? 
Certainly  not  Colonel  Baker;  the  movement  was  begun, 
troops  had  crossed  in  two  places,  and  thousands  of  reinforce 
ments  had  been  marched  to  the  ferrying-place,  before  Baker 
had  received  any  intimation  that  he  was  to  be  in  the  affair  in 
any  capacity. 

VI.  If  there  is  anything  related  to  this  whole  affair  that 
seems  unquestionable  and  indubitable,  —  except  as  General 
Stone,  under  fearful  accusation,  denied  it,  —  it  is  that  the 
General  intended  and  directed  and  expected  the  force  as 
signed  to  Colonel  Baker  that  Monday  morning  to  cross  the 
Potomac,  scale  the  bluff  where  Lee  and  Devens  and  their  fine 
regiments  were  already  posted,  and  move  cautiously  for 
ward  toward  Leesburg.  The  General  sent  a  small  detach 
ment  across  Sunday  afternoon.  That  evening,  as  we  know, 
he  sent  Colonel  Devens  over  with  four  companies,  gave  them 
something  to  do,  and  directed  them  to  remain  in  Virginia  if 
they  should  see  a  position  which  they  could  "undoubtedly 
hold  until  reinforced."  The  purpose  to  reinforce  was,  it  is 
plain,  in  Stone's  mind  at  10  o'clock  Sunday  evening.  At  11 
o'clock  he  wrote  the  order  to  Baker  to  march  his  brigade 
down  to  the  ferry  early  the  following  morning.  Other  regi 
ments  were  ordered  to  the  same  rendezvous.  If  they  were 
not  to  cross,  what  were  they  expected  to  do? 

Four  miles  below,  at  Edwards  Ferry,  Stone  sent  a  consid 
erable  force  across  the  river.  If  this  force  was  not  to  be  sup 
ported  by  a  cooperating  force  the  rebel  troops  known  to  be  in 
the  vicinity  would  be  concentrated  upon  it.  In  the  face  of 
these  facts  General  Stone  denied  all  responsibility  for  the 
crossing  at  Conrad's  Ferry  and  declared  that  Colonel  Baker 
alone  was  responsible.1  This  specific  matter  must,  there 
fore,  be  examined. 

Lieutenant-Colonel  Wistar,  commander  of  the  California 

1  In  view  of  McClellan's  testimony,  (p.  309),  that  he  did  not  expect  Stone's 
troops  to  cross,  what  right  had  Stone  to  leave  to  the  discretion  of  Baker,  or 
any  one,  to  do  what  Stone  himself  had  no  right  to  do  ?  —  E.  R.  K. 


314  APPENDIX 

Regiment,  —  Seventy-first  Pennsylvania,  —  told  the  Com 
mittee  how  he  arrived  with  his  men  at  the  ferry  opposite  Har 
rison's  Island  and  Ball's  Bluff  about  sunrise  and  sent  his 
quarter-master,  Captain  Young,  down  to  General  Stone  to 
report  the  regiment's  arrival  and  to  ask  for  orders.  Captain 
Young  testified :  — 

I  galloped  down  the  towpath  to  Edwards  Ferry  and  there  found 
General  Stone  on  the  Maryland  side,  upon  a  hill,  looking  very 
intently  at  a  company  which  had  crossed  at  Edwards  Ferry  and  could 
be  seen  formed  as  skirmishers  on  the  Virginia  side.  ...  I  gave  him 
my  message  and  waited,  feeding  my  horse  in  the  mean  time.  He 
finally  came  up  to  me  and  said,  "Your  order  is,  sir,  that  the  Cali 
fornia  battalion  will  stand  fast  until  you  hear  firing  and  then 
immediately  cross"  I  waited  for  some  further  order  and  then  asked, 
"General,  have  you  any  further  order?"  He  spoke  very  imperiously 
and  curtly,  as  he  always  does,  and  said,  "You  have  your  orders, 
sir."  ...  I  got  on  my  horse  and  went  back  and  delivered  my  orders 
to  Colonel  Wistar.  .  .  .  He  asked  me  to  repeat  the  order  again,  and 
I  repeated  it  literally.  He  asked  me  if  I  was  sure  I  was  right.  I  said 
there  was  no  mistake  about  it. 

The  scant  means  of  transportation,  apparent  when  the 
Massachusetts  men  under  Lee  and  Devens  were  ferried 
over,  the  previous  day,  had  become  a  subject  of  derisive 
joking  among  the  troops,  and  it  is  evident  Colonel  Wistar 
found  it  difficult  to  believe  that  General  Stone  intended 
to  order  a  larger  force  to  cross  with  the  same  means.  The 
especial  significance  of  this  testimony  is,  however,  the  proof 
that  Stone  had  already  sent  troops  across  at  Edwards  Ferry 
and  conditionally  ordered  troops  to  go  over  to  Ball's  Bluff, 
Monday  morning,  the  21st  of  October,  —  before  Colonel 
Baker  had  been  consulted. 

Captain  Young  testified  that  soon  after  reporting  General 
Stone's  order  to  Colonel  Wistar  he  met  Colonel  Baker,  who 
had  arrived  at  the  river  with  his  brigade.  The  Captain  told 
Colonel  Baker  of  Stone's  order  for  Wistar  to  cross  the  river. 
Colonel  Baker  exclaimed,  "That  can't  be."  Captain  Young 


APPENDIX  315 

repeated  his  statement  that  General  Stone's  order  to  Wistar 
was  "to  cross."  Colonel  Baker  retorted,  "In  what?"  Then 
he  pressed  the  staff  officer  to  say  whether  it  was  possible  he 
might  have  erred  in  hearing  or  in  communicating  General 
Stone's  order.  Although  Captain  Young  insisted  he  had  made 
no  mistake,  Baker  was  still  incredulous.  This  was  the  mind 
of  Colonel  Baker  before  meeting  General  Stone :  —  disbelief 
that  the  General  intended  sending  any  considerable  number 
of  men  across,  as  things  then  stood,  and  contempt  for  the 
means  of  transportation  at  hand.  Colonel  Baker,  after  his 
meeting  with  Captain  Young,  was  unwilling  to  trust  the  staff 
officer  respecting  the  General's  wishes.  Obedient  to  Stone's 
orders  he  had  brought  his  regiments  down  to  the  river  bank; 
he  would  go,  himself,  to  find  out  what  work  Stone  had  for 
him  to  do;  so  he  "started  off  on  a  gallop  "  for  headquarters.  It 
is  significant  of  Stone's  purpose  that  just  before  Colonel 
Baker  arrived  the  General  had  ordered  a  small  detachment 
of  cavalry  to  cross  and  cooperate  with  the  troops  already 
at  Ball's  Bluff. 

General  Stone,  in  his  report  and  his  testimony,  describes 
the  interview  between  himself  and  Colonel  Baker.  In  his  re 
port,  dated  the  29th  of  October,  Stone  says :  — 

I  decided  to  send  him  [Colonel  Baker]  to  Harrison's  Island  to 
assume  command,  and  in  a  full  conversation  with  him  explained  the 
position  of  things  as  they  then  stood,  according  to  reports  received; 
told  him  that  General  McCall  had  advanced  his  troops  to  Dranes- 
ville,  and  that  I  was  extremely  desirous  of  ascertaining  the  exact 
position  and  force  of  the  enemy  in  our  front,  and  exploring,  as  far  as 
it  was  safe,  on  the  right  toward  Leesburg  and  on  the  left  toward  the 
Leesburg  and  Gum  Springs  road;  that  I  should  continue  to  rein 
force  the  troops  under  General  Gorman,  opposite  Edwards  Ferry, 
and  try  to  push  them  carefully  forward  to  discover  the  best  line 
from  that  ferry  to  the  Leesburg  and  Gum  Springs  road  already  men 
tioned,  and  pointed  out  to  him  the  position  of  the  breastworks  and 
hidden  battery  which  barred  the  movement  of  troops  directly  from 
left  to  right. 

I  detailed  to  him  the  means  of  transportation  across  the  river,  of 


316  APPENDIX 

the  sufficiency  of  which  he  was  to  be  the  judge;  authorized  him  to 
make  use  of  the  guns  of  a  section  each  of  Vaughn's  and  Bunting's 
batteries,  together  with  French's  mountain  howitzers,  all  the  troops 
of  his  brigade,  and  Cogswell's  Tammany  Regiment,  beside  the  Nine 
teenth  and  part  of  the  Twentieth  Regiments  Massachusetts  Volun 
teers,  and  left  it  to  his  discretion,  after  viewing  the  ground,  to  retire 
the  troops  from  the  Virginia  shore  under  the  cover  of  his  guns  and  the 
fire  of  the  large  infantry  force,  or  to  pass  over  reinforcements  in  case 
he  found  it  practicable  and  the  position  on  the  other  side  strong  and 
favorable;  that  I  wished  no  advance  made  unless  the  enemy  were  in 
inferior  force,  and  under  no  circumstances  to  pass  beyond  Leesburg, 
or  a  strong  position  between  it  and  Goose  Creek,  on  the  Gum  Spring 
(Manassas)  road. 

In  testifying  before  the  Committee,  General  Stone  said :  — 

I  then  told  him  [Baker]  to  go  up  and  take  entire  command,  entire 
control  of  the  right,  four  miles  from  where  I  stood.  He  said,  "Then 
am  I  to  have  entire  command?"  "Yes,"  said  I.  "Please  put  that  in 
writing,"  he  said.  I  then  took  out  my  pencil  and  on  my  knee  wrote 
that  order  which  has  been  referred  to. 

So  far  as  General  Stone's  statements  can  aid  us,  we  are  now 
qualified  to  judge  of  his  purposes  as  they  were  imparted  to 
Colonel  Baker  during  the  "full  conversation,"  and  of  the  act 
ual  purport  of  the  written  order  on  which  Stone  relied  to  re 
lieve  himself  of  responsibility  and  fix  it  upon  Baker.  In  the 
first  place,  we  must  observe  that  Colonel  Baker  was  not  in 
the  least  to  blame  for  General  Stone's  delusion  respecting 
McC all's  nearness. 

The  General  declared  himself  "extremely  desirous  of  ascer 
taining  the  exact  position  and  force  of  the  enemy  in  our  front." 
How  could  that  be  done  except  by  going  over  into  the  enemy's 
country?  He  recognized  this,  and  was  also  "extremely  de 
sirous"  of  "exploring  as  far  as  it  was  safe  on  the  right  to 
wards  Leesburg. "  Well,  the  only  way  to  gratify  a  desire  to 
explore  is  to  explore.  He  believed  General  McCall  had  come 
within  supporting  distance,  so  that  it  was  a  good  time  to 
launch  out.  He  added  largely,  including  some  artillery,  to 


APPENDIX  317 

the  force  already  commanded  by  Colonel  Baker.  Then  he 
"detailed  "  the  means  he  had  prepared  for  transporting  troops 
across  the  river.  He  told  how  he  had  organized  a  force  —  a 
left  wing  —  to  cooperate  with  the  troops  he  had  collected  up 
the  river.  He  said  he  should  continue  to  strengthen  the  left 
wing.  Finally  he  said  to  Colonel  Baker,  "  You  go  up  and  take 
entire  command  of  the  right  wing."  Baker,  in  the  habit  of  his 
civil  profession,  replied,  "Please  put  that  in  writing."  He 
was  being  placed  over  several  colonels  who  did  not  belong  to 
his  brigade;  he  wanted  to  be  able  to  show  his  authority.  So 
General  Stone  wrote  this  order:  — 

Colonel :  In  case  of  heavy  firing  in  front  of  Harrison's  Island  you 
will  advance  the  California  Regiment  of  your  brigade  or  retire  the 
regiments  under  Colonels  Lee  and  Devens  upon  the  Virginia  side  of 
the  river,  at  your  discretion,  assuming  command  on  arrival. 

The  discretion  is  conditional,  contingent.  Unless  there  was 
"heavy  firing"  when  Colonel  Baker  arrived,  he  had  no  right 
to  retire  Lee  and  Devens.  Well,  there  was  no  "heavy  firing" 
at  that  time  nor  for  hours  afterwards. 

In  his  testimony  General  Stone  described  another  condi 
tion  in  which,  he  said,  Colonel  Baker  was  to  exercise  a  dis 
cretion,  a  choice.  "If  this  party,"  said  Stone,  meaning  the 
troops  under  Baker,  "found  there  was  not  a  strong  force 
there;  if  it  was  a  force  he  could  easily  drive  before  him;  he 
should  drive  it  off.  If  it  was  of  such  a  size  that  he  could  not 
drive  it  off  easily,  then  he  was  to  fall  back."  Now,  Baker  had 
not  previously  been  charged  with  the  duty  of  ascertaining  the 
extent  of  the  rebel  forces  in  that  part  of  Virginia  and  had  to 
rely  on  Stone  for  information  in  that  matter.  What  were  the 
facts?  Devens  had  been  engaged  in  small  fights,  but  had  not 
discovered  any  force  that  could  be  considered  formidable  in 
the  presence  of  Baker's  brigade.  With  his  few  hundred  men 
Devens  had  fairly  held  his  own.  Stone,  whose  division  was 
called  the  Corps  of  Observation,  had  been  for  weeks  watching 
the  movements  of  the  Confederates,  frequently  employing 


318  APPENDIX 

balloons  to  aid  in  his  work,  and  had  no  suspicion  that  an 
important  body  of  the  enemy  was  in  the  vicinity.  Why 
should  Baker  hesitate?  Why  should  the  right  wing  be  held 
back  while  the  left  wing  was  being  reinforced?  General 
Stone  himself  testified  that  after  Devens,  in  his  reconnois- 
sance,  "had  advanced  so  far  it  was  not  an  unreasonable  sup 
position  that  they  [the  Confederates]  were  in  small  force 
there."  Clearly  it  was  Baker's  duty  to  drive  off  such  a 
force.  How  could  he  do  it  unless  he  sent  his  men  over  into 
Virginia?  What  did  General  Stone  expect?  He  answers  in 
his  report:  — 

That  gallant  and  energetic  officer  [Colonel  Baker]  left  me  at  about 
9  or  9.30  and  proceeded  rapidly  up  the  river  to  his  charge.  Reinforce 
ments  were  rapidly  thrown  to  the  Virginia  side  by  General  Gorman  at 
Edwards  Ferry. 

It  is  not  to  be  doubted  that,  after  his  explanations  and  orders, 
Stone  fully  counted  on  Baker's  also  reinforcing  the  right 
wing,  at  Ball's  Bluff. 

Here  let  us  return  for  a  moment  to  General  Stone's  nar 
rative  of  his  conference  with  Colonel  Baker.  "I  detailed 
to  him  the  means  of  transportation  across  the  river,"  said 
Stone,  "  of  the  sufficiency  of  which  he  was  to  be  the  judge." 
This  last  assertion  seems  incredible.  General  Stone,  qualified 
with  the  incomparable  education  of  West  Point,  experienced 
in  camp  and  field,  had  been  for  weeks  making  preparations  to 
cross  his  division  over  the  Potomac  when  the  expected  order 
to  advance  should  be  received.  Now,  without  orders  from 
General  McClellan,  but  erroneously  believing  that  he  should 
be  cooperating  in  a  movement  by  General  McCall,  he  de 
cided  to  send  forward  an  expedition  composed  of  two  wings. 
He  knew  very  well  that  an  army  with  two  wings  is  like  a  bird, 
—  ineffective  unless  both  wings  operate.  He  dispatched 
his  left  wing  across  under  his  own  observation.  He  ordered 
several  thousand  troops  down  to  the  river  to  comprise  his 
right  wing.  He  knew  how  many  there  were  of  them.  He 


APPENDIX  319 

knew,  so  that,  as  he  testified,  he  "detailed,"  precisely  the 
means  of  transportation  he  himself  had  provided.  When  he 
gave  Baker  authority  to  go  up  and  lead  the  right  wing  did  he 
suddenly  lose  confidence  in  his  own  judgment?  Did  he  say  to 
himself,  "I  have  ordered  so  many  men  to  cross  and  I  have 
provided  such  and  such  means  to  transport  them.  I  am  not 
sure  whether  the  means  are  sufficient.  I  will  throw  the  re 
sponsibility  of  deciding  that  matter  on  to  Colonel  Baker"? 
Impossible. 

I  keenly  deplore  the  necessity  for  writing  thus  of  a  graduate 
of  West  Point  Military  University  —  for  so  I  choose  to  de 
nominate  the  best  training-school  for  military  officers  in  the 
world.  Boston,  which  is  undoubtedly  different  from  other 
great  American  cities,  —  and,  I  think,  superior  to  them  in 
civilization,  —  has  been  described  as  not  so  much  a  place  as 
a  state  of  mind.  Just  so,  West  Point  is  not  merely  an  insti 
tution  for  teaching,  but  a  place  where  the  magnificence  of  na 
ture  and  the  splendors  of  the  history  of  graduates  of  former 
years  supply  loftiest  inspirations.  Where  instructors  and 
cadets,  uplifted  by  honorable  traditions,  unite  to  develop  and 
maintain  highest  standards  of  manliness,  truthfulness,  in 
tegrity,  courage,  chivalry,  and  patriotism.  How  it  will  be  in 
the  future  is  not  so  certain.  It  is  becoming  common  for  spine 
less  Congressmen  to  award  appointments  to  West  Point  as 
prizes  —  as  "Lives"  of  Washington,  silver-plated  butter 
dishes,  and  other  articles  are  awarded  —  to  lads  who,  in  com 
petitive  examinations,  can  best  remember  the  facts  they  have 
picked  up  in  cramming  for  the  test.  This  by  no  means  dis 
covers  the  boy  who  will  make  the  best  officer.  Napoleon  was 
forty-second  in  scholarship  at  the  military  training-school  at 
Brienne.  Some  of  our  most  unsuccessful  officers  were  near 
the  heads  of  their  classes  at  West  Point.  The  greatest  passed 
low.  The  best  way  is  to  pick  out  the  finest  young  fellow  in  the 
district  and  send  him  to  the  Point.  The  authorities  there  will 
decide  upon  his  scholarship. 

Now  to  return  to  the  matter  in  hand.  If  General  Stone 


320  APPENDIX 

(who,  it  may  be  remarked,  placed  a  very  high  estimate  on  his 
own  talents  as  an  officer)  had  ignored  his  knowledge,  relin 
quished  his  judgment,  evaded  his  duty  to  decide  this  funda 
mental  question,  and  left  to  Colonel  Baker  to  decide  whether 
to  reinforce  Lee  and  Devens  or  recall  them,  and  to  base  his 
decision  on  his  own  judgment  of  the  sufficiency  or  insuffi 
ciency  of  the  means  of  transportation  placed  at  his  service, 
what  would  have  happened?  No  more  troops  would  have  been 
sent  over  to  Ball's  Bluff;  the  few  hundred  already  there  would 
have  been  withdrawn,  as  far  as  possible;  the  imbecility  of 
Patterson  would  have  been  repeated;1  the  Confederates,  find 
ing  the  Federals  gone  from  Ball's  Bluff,  would  have  concen 
trated  their  forces  and  fallen  upon  Stone's  left  wing,  less  than 
four  miles  below;  and  Colonel  Baker  would  have  been  de 
nounced  as  a  coward.  These  conclusions  do  not  rest  on  con 
jecture,  but  are  supported  by  evidence.2 

We  have  seen  that,  previous  to  his  interview  with  General 
Stone,  Colonel  Baker  deemed  it  impossible  that  the  General 
actually  intended  to  try  to  send  any  considerable  number  of 
troops  across  with  the  wretched  means  at  hand.  Had  the  vet 
eran  colonel's  opinion  been  altered  by  his  conversation  with 
General  Stone?  Not  in  the  least,  as  we  shall  presently  see. 
"This  gallant  and  energetic  officer,"  wrote  Stone,  "  left  me  at 

1  General  Scott,  before  the  Congressional  Committee,  testified,  "Although 
General  Patterson  was  never  specifically  ordered  to  attack  the  enemy,  he  was 
certainly  told  and  expected,  even  if  with  inferior  numbers,  to  hold  the  rebel 
army  in  his  front  on  the  alert  and  to  prevent  it  from  reinforcing  Manassas 
Junction."  Patterson  failed  to  do  this  and  Johnston  joined  Beauregard  at 
Bull  Run,  thus  converting  what  had  appeared  at  first  to  be  a  Union  victory 
into  a  rout. 

*  Colonel  Ward,  in  his  History  of  the  One  Hundred  and  Sixth  Pennsylvania, 
and  of  Baker's  regiments,  says:  "General  Stone  was  in  command  of  that  ad 
vance,  and  must  have  known  that  the  troops  would  have  to  return,  and 
provision  should  have  been  made  to  provide  a  safe  means  of  retreat;  and  if 
none  could  have  been  provided,  no  advance  ought  to  have  been  made.  .  .  . 
Granting  that  the  boat  had  not  been  sunk,  what  chance  was  there  of  re- 
crossing  about  fifteen  hundred  men  if  pressed  rapidly  and  closely  to  the  wa 
ter's  edge,  when  the  most  that  could  be  get  into  the  boat  was  about  one 
hundred,  and  over  half  an  hour  was  consumed  in  making  a  trip  from  shore  to 
island  and  back  for  another  load?  Yet  General  Stone  telegraphed  to  General 
McClellan,  'I  have  the  means  of  crossing  one  hundred  and  twenty-five  men 
once  in  ten  minutes  at  each  of  the  two  points.'  "  (Pages  13,  14.) 


APPENDIX  321 

about  9  or  9.30  o'clock  and  proceeded  rapidly  up  the  river  to 
his  charge."  He  had  scarcely  left  Stone's  headquarters  when 
he  encountered  Quartermaster  Howe,  of  the  Fifteenth  Massa 
chusetts,  Devens's  regiment,  who  was  on  his  way  to  report  to 
General  Stone  the  state  of  affairs  over  at  Ball's  Bluff.  Colonel 
Baker  halted  him  and  inquired  how  matters  were  going. 
Howe  told  Colonel  Baker  that  "the  regiment  had  had  a  skir 
mish  with  the  enemy  and  that  we  still  maintained  our  posi 
tion  where  we  had  been."  Colonel  Baker  said  to  Howe,  "I 
am  going  over  immediately,  with  my  whole  force,  to  take  com 
mand."  Was  this  the  mind  of  a  man  who  had  been  sent  to 
study  conditions  and  then  decide  on  a  course  of  action?  Was 
Baker  misrepresenting  Stone's  orders?  Lieutenant  Howe 
swore  that  after  parting  from  Colonel  Baker  he  went  on  and 
reported  to  General  Stone  what  Colonel  Baker  had  told  him. 
Was  Stone  surprised?  Did  he  say  that  Colonel  Baker  must 
have  misapprehended  his  orders?  That  it  was  doubtful 
whether  Baker  would  send  any  additional  troops  across? 
That,  indeed,  he  might  even  recall  Devens  and  Lee?  Did 
Stone  send  an  officer  to  overtake  Colonel  Baker  and  call  him 
back,  so  that  the  General  might  set  him  right?  No,  to  all 
these.  Lieutenant  Howe  testified  that  General  Stone  con 
firmed  Colonel  Baker's  declaration :  — 

General  Stone  told  me  that  Colonel  Baker  would  probably  be  over 
in  a  very  few  minutes,  as  Colonel  Baker  had  got  his  orders  and  was 
going  over  to  take  charge  of  the  division  on  the  right,  while  General 
Gorman  was  to  cross  at  Edwards  Ferry. 

Congressman  Odell  asked  Lieutenant  Howe  this  question :  — 

You  understood  General  Stone  to  say  that  he  had  given  orders  to 
Colonel  Baker  to  cross  above? 

To  which  Lieutenant  Howe  answered:  — 
Yes,  sir;  given  orders  to  Baker  to  cross. 

Now,  mark  how  Colonel  Baker  further  manifested  his  un 
derstanding  of  General  Stone's  plans  and  orders,  so  slightly 


322  APPENDIX 

suggested  in  the  written  document,  but  fully  explained  in  the 
conversation.  Having  galloped  rapidly  to  where  his  gallant 
Calif ornians  were  still  standing,  he  ordered  them  to  "cross  at 
once."  Was  the  Colonel  excited?  Had  the  veteran  "lost  his 
head"? 

Captain  Young  testified:  — 

The  Colonel  was  very  serious  and  quiet;  I  never  knew  him  to  be 
more  so. 

Had  Colonel  Baker  altered  his  contemptuous  opinion  of 
the  means  of  transportation?  Certainly  not.  Directly  he  ar 
rived  at  Harrison's  Island  he  set  a  large  force  to  the  task  of 
dragging  a  boat  out  of  the  canal  into  the  river,  pathetically 
declaring,  "This  is  all  we  have  to  go  over  in,"  —  proof  enough 
that  Colonel  Baker  was  pushing  forward  the  right  wing 
against  his  own  judgment.  Appreciating  the  weak  point  of 
Stone's  movement,  —  lack  of  numbers  in  Virginia  and  lack  of 
transportation,  —  Colonel  Baker  remained  for  some  time  at 
the  ferry,  directing  the  transfer  of  the  troops. 

Further  to  show  the  mind  of  General  Stone;  further  to 
prove  that  the  General  intended  the  crossing  and  should  bear 
the  responsibility  for  it;  let  us  read  the  testimony  of  Major 
Mix,  of  the  Third  New  York  Cavalry,  who  was  also  an  officer 
in  the  Regular  Army.  Before  Colonel  Baker  knew  that  he 
was  to  be  in  the  movement  or  even  that  there  was  to  be  a 
movement,  on  Sunday  General  Stone  told  Major  Mix  that  he 

might  have  an  opportunity  of  crossing  the  river  [at  Edwards  Ferry} 
and  having  a  dash  at  the  enemy  if  things  went  as  he  expected  them 
to.  .  .  .  General  Stone  cautioned  me  to  be  careful  not  to  operate 
against  any  troops  on  my  right  until  I  ascertained  who  they  were,  as 
he  intended  to  throw  over  an  infantry  force  above  [at  Ball's  Bluff]. 

There  is  also  the  testimony  of  General  Banks.  When  Gen 
eral  Stone  became  aware  of  the  extent  of  the  disaster  to  his 
right  wing  and  realized  the  danger  that  might  involve  his  left, 
he  appealed  to  General  Banks.  That  officer,  regardless  of 
the  fatigue  of  his  men,  marched  his  division  all  Monday  night 


APPENDIX  323 

to  Stone's  relief,  arriving  near  Edwards  Ferry  about  three 
o'clock  Tuesday  morning.  When  before  the  Congressional 
Committee  General  Banks  said :  — 

In  relating  the  affair  to  me,  on  my  arrival,  General  Stone  said  that 
it  [the  movement  of  his  division]  commenced  with  the  purpose  to 
make  a  thorough  reconnoissance  of  the  strength  and  position  of  the 
enemy.  ...  I  do  not  think,  myself,  that  Colonel  Baker  could  have 
done  otherwise  than  he  did. 

Finally,  there  is  the  authoritative  statement  of  the  com- 
mander-in-chief.  General  McClellan,  when  testifying,  was 
asked :  — 

Can  you  tell  us  who  was  responsible  for  making  the  crossing  at 
Harrison's  Island;  was  it  General  Stone  or  Colonel  Baker? 

General  McClellan  did  not  possess  the  knowledge  on  that  sub 
ject  which  is  now  accessible  in  the  government  publications, 
but  his  answer  is  sufficient:  — 

I  only  know  what  I  learned  from  General  Stone.  My  recollection 
is  that  General  Stone  gave  discretionary  orders  to  Colonel  Baker  to 
cross  if  certain  conditions  could  be  fulfilled.  /  think  General  Stone  was 
responsible  to  the  extent  that  he  ought  to  have  informed  himself  whether 
it  was  possible  to  fulfill  those  conditions  or  not. 

As  the  whole  case  against  Colonel  Baker,  thus  far,  rests  on 
the  reports  and  testimony  of  General  Stone,  it  is  in  order  to 
introduce  one  bit  of  evidence  that  proves  that  the  General 
at  different  times  made  contradictory  statements  of  his  pur 
pose  for  his  right  wing.  In  a  letter  dated  the  2d  of  November, 
shortly  after  the  battle,  General  Stone  declared  that  "the  ob 
ject  of  the  movement  .  .  .  was  intended  solely  to  insure  the 
safe  return  of  Colonel  D evens  and  his  command ! "  Contrasted 
with  Stone's  statements  to  General  Banks  and  Major  Mix; 
with  the  facts  relating  to  the  operations  of  the  left  wing;  and 
in  the  light  of  all  the  testimony  summarized  on  preceding 
pages;  this  November  declaration  arouses  painful  sugges 
tions. 


324  APPENDIX 

VII.  "It  cannot  be  denied  that  had  reinforcements  prompt 
ly  arrived  at  Ball's  Bluff  from  Edwards  Ferry  the  result 
of  the  battle  would,  in  all  probability,  have  been  greatly  to 
our  advantage  instead  of  being  a  melancholy  disaster." 
This  was  the  conclusion  of  the  Congressional  Committee 
that  investigated  the  subject.  The  study  and  discussion 
of  the  years  that  have  elapsed  have  confirmed  it.  Why 
was  not  Colonel  Baker  thus  reinforced?  Baker's  force  was 
not  a  separate  army;  it  was  denominated  by  General  Stone 
the  "right  wing"  of  his  advance  into  Virginia.  Now,  as  has 
just  been  remarked,  the  function  of  wings,  whether  of  birds 
or  armies,  can  be  exercised  only  through  cooperation,  and 
General  Stone's  orders  looked  to  mutual  support  by  the  wings 
of  his  division  —  if  everything  went  well.  "  Report  fre 
quently,"  he  wrote  to  Baker,  "so  that  when  they  [the  Con 
federates]  are  pushed,  Gorman  [commander  of  the  left  wing] 
can  come  in  on  their  flank."  But  what  if  "they"  were  not 
pushed?  If  the  Confederates  should  turn  the  tables  and  push 
Baker;  —  what  provision  was  there  for  cooperation  in  that 
event?  None.  Down  at  Edwards  Ferry  they  heard  the  firing 
at  Ball's  Bluff.  Lieutenant  Rea  testified  that  "a  great  many 
officers  said  that  it  was  a  shame  for  us  to  remain  there  and  do 
nothing."  Captain  De  Courcy  could  see  nothing  to  prevent 
our  forces  at  the  ferry  from  going  up  to  Ball's  Bluff.  Captain 
Brady  was  asked :  — 

How  long  would  it  have  taken  that  division  of  the  army  to  which 
you  belonged  [Stone's  left  wing]  to  go  up  to  Ball's  Bluff  and  relieve 
them  there  if  you  had  been  ordered  to  do  so? 

To  which  he  replied:  — 

I  do  not  think  it  would  have  taken  over  an  hour,  if  that. 

The  testimony  of  Major  Dimmick  is  especially  interesting. 
This  question  was  put  to  him :  — 

Could  you  see  any  reason  why  our  troops  should  not  have  gone  up 
from  Edwards  Ferry  to  the  assistance  of  General  Baker? 


APPENDIX  325 

This  was  his  answer:  — 

I  could  see  none  at  all.  I  think  we  could  have  done  it  and  have 
turned  them  [the  Confederates]  on  their  flank  and  captured  them 
all.  I  saw  the  road  then  and  could  see  no  obstacle  in  the  way.  They 
expected  us  to  come  up  there  to  assist  them,  and  that  was  the  reason 
they  made  such  a  desperate  resistance  there.  One  of  our  men  made 
his  way  up  there  from  Edwards  Ferry.  How  he  got  up  there  I  do  not 
know;  but  so  anxious  was  he  to  get  into  the  fight  that  he  left  his 
regiment  and  made  his  way  up  there  and  went  with  the  Tammany 
Regiment,  and  he  told  the  Tammany  boys  that  General  Gorman 
was  coming  up  with  his  brigade,  and  they  fought  with  that  expecta 
tion  all  day.  I  know  he  got  with  the  Tammany  Regiment  from  our 
regiment.  He  wandered  off  three  miles  to  get  into  the  fight. 

Lieutenant  Downey  begged  his  captain  to  let  him  "take 
our  Company  anyhow  and  go  to  the  relief  of  Colonel  Baker." 
But  no;  Baker  successful  and  driving  the  enemy  before  him 
was  to  receive  Gorman's  support;  surprised  by  a  force  greater 
than  General  Stone  had  expected  him  to  encounter,  and  thus 
unable  to  advance,  and,  owing  to  insufficient  transportation, 
unable  to  retreat,  he  was  left  to  his  fate.  Stone's  disposition 
of  his  left  wing,  as  he  explained  to  the  Committee,  was  such 
that  he  considered  it  impossible  to  employ  that  half  of  his 
division  in  any  way  to  save  his  right  wing  from  a  crushing  de 
feat.  For,  according  to  General  Stone's  testimony,  with  his 
right  wing  at  Ball's  Bluff  and  his  left  wing  between  three 
and  four  miles  away,  the  two  sections  were  effectively  sep 
arated  from  each  other  by  a  Confederate  fort  commanding 
the  road  —  of  the  existence  of  which  he  said  he  had  been  aware 
long  before  he  ordered  his  troops  to  cross  into  Virginia!  De 
nounced  in  Congress  by  leading  men;  fiercely  assailed  in  pub 
lic  journals;  distrusted  by  many  of  his  own  command;  ac 
cused  not  only  of  blundering,  but  of  hideous  treason;  with  his 
back  to  the  wall,  Stone  declared  that  he  told  Baker  it  would 
be  impossible  to  reinforce  Ball's  Bluff  from  Edwards  Ferry 
owing  to  this  fort.  Alas,  he  failed  to  make  Baker  understand 
him.  When,  at  noon  of  the  battle  day,  Storie  learned  the  mag- 


326  APPENDIX 

nitude  of  the  Confederate  force  gathering  upon  his  right  wing, 
he  sent  word  to  Baker  that  there  were  four  thousand  confront 
ing  him.  Baker,  with  seventeen  hundred,  realized  his  plight. 
His  scows  could  not  bring  him  sufficient  reinforcements  and 
they  were  equally  incapable  of  transporting  his  men  back  to 
the  Maryland  shore  or  Harrison's  Island.  So  he  at  once  sent 
a  message  to  Stone  in  which  he  said,  "I  hope  your  movement 
below  will  give  advantage."  Later,  during  the  fury  of  the 
battle,  Colonel  Baker  asked  Captain  Young,  the  staff  officer 
who  visited  Division  Headquarters  for  orders  early  in  the 
morning,  "Do  you  suppose  Stone  is  going  to  send  reinforce 
ments  up  on  the  left?  "  Baker's  message  proves  that  he  hoped 
for  a  cooperating  movement  by  the  left  wing,  which  was  im 
mediately  under  Stone's  observation,  and  the  question  to 
Captain  Young  plainly  shows  that  the  possibility  that  aid 
might  come  by  the  road  from  Edwards  Ferry  had  not  been 
banished  from  Baker's  mind  by  Stone's  full  explanation 
of  his  plans.  The  day  following,  Tuesday  morning,  Captain 
Young  met  General  Stone  at  Edwards  Ferry.  The  Captain's 
testimony  tells  what  occurred :  — 

I  said,  "General  Stone,  why  did  you  not  reinforce  us  on  the  left 
from  Edwards  Ferry?"  He  said,  "No  one  knew  better  than  Colonel 
Baker  that  it  was  impossible  to  reinforce  you  on  the  left  from  here, 
because  there  is  a  fortification  halfway  between  the  two  places  and 
it  was  impossible  to  pass  it."  Said  I,  "Captain  Stewart  [Stone's 
adjutant-general]  came  on  the  field  and  told  us  you  were  going  to 
send  General  Gorman  up  with  five  thousand  men.  How  is  that?" 

General  Stone  evidently  found  this  a  poser. 

He  made  no  reply,  but  just  raised  his  hat  and  went  off. 

General  Stone  apparently  forgot,  at  times,  his  assertions 
that  the  road  between  the  wings  of  his  army  was  impassable. 
Describing  the  incidents  of  the  battle,  in  his  official  report 
.dated  October  29,  he  tells  how  Colonel  Lee  at  first  took  com 
mand  after  Baker  fell  "and  prepared  to  commence  throwing 


APPENDIX  327 

our  forces  to  the  rear,  but  Colonel  Cogswell,  of  the  Tammany 
Regiment,  being  found  to  be  senior  in  rank,  assumed  com 
mand  and  ordered  dispositions  to  be  made  immediately  for 
marching  to  the  left  and  cutting  a  way  through  to  Edwards 
Ferry."  And  General  Stone  adds,  "Unfortunately,  just  as 
the  first  dispositions  were  being  made  the  movement  was 
thwarted  by  a  deceptive  trick  of  the  enemy."  One  is  disposed 
to  ask  why,  if  a  Confederate  fort  blocked  the  way,  it  was 
"unfortunate"  that  Cogswell's  plan  to  fight  his  way  down 
to  the  left  wing  was  not  carried  out?  If  Cogswell  could  have 
gone  down  the  road  to  Edwards  Ferry,  why  was  it  impossible 
for  the  force  at  Edwards  Ferry  to  go  up  the  same  road  to 
Baker  and  Cogswell? 

The  testimony  relating  to  that  fortification  is  conflicting. 
Most  of  the  Union  officers  were  skeptical  as  to  its  existence, 
or,  if  it  existed,  as  to  there  being  any  guns  in  it.  Colonel 
Patrick,  of  the  Sixtieth  Pennsylvania,  testified  as  follows :  — 

Question.   How  far  did  you  go  up  the  river  towards  Ball's  Bluff? 

Answer.  I  went  up  about  a  mile  above  my  lines;  about  a  mile 
above  the  ferry. 

Question.  Did  you  see  any  batteries  there,  or  anything  to  prevent 
your  going  up  to  Ball's  Bluff? 

Answer.  I  saw  nothing  of  the  kind. 

The  testimony  of  Major  Dimmick,  Second  New  York  State 
Militia,  is  of  interest.  Speaking  of  the  fortification  he  ex 
pressed  the  opinion  that  it  was  no  obstacle  at  the  time  of  the 
battle,  as  there  had  been  no  guns  mounted  then. 

Question.  Did  you  satisfy  yourself  that  there  were  no  guns  there 
at  the  time  of  the  Ball's  Bluff  disaster? 
Answer.   Yes,  sir;  on  the  day  after. 
Question.  How  near  did  you  go  to  it? 
Answer.  Within  three  hundred  yards. 

It  is  worth  while  to  consider  some  of  the  testimony  of 
Colonel  Tompkins,  of  the  Second  New  York,  which  was  at 
Edwards  Ferry :  —  ' 


328  APPENDIX 

Question.  Were  there  any  obstacles  in  the  way  of  your  going  up 
to  Ball's  Bluff? 

Answer.  None  at  all.  No  doubt  we  would  have  had  to  fight  a  little 
on  our  way  up.  But  I  think  by  going  up  that  way,  on  that  side,  we 
could  have  drawn  their  attention  towards  us  and  engaged  them  so 
that  Colonel  Baker's  forces  would  have  had  an  opportunity  to  have 
got  a  better  foothold  than  they  had. 

The  testimony  of  General  Lander  is  especially  strong  rela 
tive  to  the  point  under  consideration :  — 

Question.  Was  there  any  insuperable  obstacle  in  the  way  of  throw 
ing  a  body  of  men  in  their  rear  and  capturing  the  attacking  force? 
[The  force  that  was  fighting  Baker.] 

Answer.  That  was  the  arrangement  of  General  Stone. 

Question.  Why  was  not  that  move  made? 

Answer.  That  I  cannot  tell;  from  the  checking  of  the  first  advance 
of  Davies,  I  suppose.  [A  misprint  for  Devens.] 

Question.  Suppose  these  men  [Union  soldiers  in  Virginia  at 
Edwards  Ferry]  had  advanced  at  double  quick  and  attacked  the 
enemy  in  the  rear? 

Answer.  It  is  said  there  was  a  masked  battery  between,  but  that 
could  not  interfere  with  skirmishers  and  sharpshooters.  They  could 
not  lose  over  a  hundred  men  in  passing  them.  I  think  the  junction 
could  have  been  made. 

Question.  You  do  not  consider  the  obstacle  insuperable? 

Answer.  Not  at  all;  not  by  any  means. 

Question.  Did  you  see  any  batteries  there  that  were  an  obstacle 
to  moving  up  to  relieve  Baker? 

Answer.  I  told  my  lieutenant-colonel  I  was  of  a  great  mind  to 
steal  three  thousand  men  and  take  the  town  of  Leesburg.  [Nearly 
all  of  Lander's  brigade  had  been,  for  this  movement  of  Stone's, 
assigned  to  Baker  or  Gorman,  so  that  Lander's  own  command  was 
very  small  the  day  of  the  battle.]  ...  I  could  have  done  it,  I  think. 
At  least,  that  shows  I  did  not  think  much  of  their  batteries. 

Following  all  this  came  the  testimony  of  General  McClel- 
lan.  Four  months  after  the  battle;  long  after  all  the  reports 
of  officers  had  been  presented  and  studied;  after  the  contro- 


APPENDIX  329 

versy  between  General  Stone  and  his  defenders  and  the 
friends  of  Colonel  Baker  had  been  talked  over  and  thor 
oughly  discussed  in  camp  and  at  Headquarters;  the  com 
mander  of  the  Army  of  the  Potomac,  being  before  the  Com 
mittee  of  Congress  and  on  his  oath,  declared :  — 

My  belief  is  that  there  was  no  serious  obstacle  to  a  communication 
between  Edwards  Ferry  and  Ball's  Bluff.  I  do  not  think  the  enemy 
had  any  large  force  or  any  strong  works  between  those  two  points 
near  the  river  that  would  have  interfered  with  that  communication. 

The  last  quoted  statement  of  General  Lander  contains  an 
extremely  important  suggestion.  If,  as  General  Stone  in 
sisted,  —  contrary  to  the  weight  of  evidence,  —  a  Confeder 
ate  fortification  made  it  impossible  to  march  troops  from 
Edwards  Ferry  to  Ball's  Bluff  by  the  direct  road,  why  did  he 
not  attempt  some  other  measure  for  the  benefit  of  his  right 
wing?  The  left  wing  had  been  sent  across  the  Potomac  at 
the  same  time  as  the  right  in  order  that  a  joint  movement 
might  be  executed;  why  did  General  Stone  allow  half  his  divi 
sion  to  lie  still  all  that  eventful  Monday?  The  General  said 
Colonel  Baker  failed  to  send  him  word  of  his  need.  Well,  until 
Baker  received  word  from  Stone  that  the  Confederate  force 
was  greater  than  they  had  supposed  during  their  morning 
conference  the  Colonel  had  no  reason  to  suppose  he  would 
require  help.  And  when,  promptly  upon  receiving  informa 
tion  of  the  enemy's  strength,  Baker  sent  his  message  to  Stone, 
it  did  no  good  —  there  was  no  movement  by  the  forces  at  the 
Ferry.  Stone  had  heard  firing  up  at  the  Bluff  all  the  morning. 
It  was  shortly  before  noon  when  he  learned  of  the  strength  of 
the  enemy.  It  was  proper  to  immediately  notify  Baker,  but 
there  was  no  occasion  to  wait  for  a  response.  Stone  should  at 
once  have  put  his  left  wing  into  the  game.  There  were  at 
least  two  moves  practicable:  — 

(a)  Lander  would  have  made  a  dash  toward  Leesburg. 
Undoubtedly  this  would  have  relieved  Baker.  Nearly  every 
white  man,  woman,  and  child  of  the  vicinage  was  ardent  for 


330  APPENDIX 

the  Southern  cause.  Such  a  move  as  that  suggested  would 
scarcely  have  begun  when  a  score  of  Virginians  accustomed 
to  the  saddle  would  have  been  speeding  toward  their  friends 
near  Ball's  Bluff.  And  General  Evans,  the  Confederate  com 
mander,  thus  informed  that  his  base  was  to  be  captured,  his 
line  of  retreat  to  be  cut  off,  and  his  troops  confronting  Baker 
menaced  by  a  force  in  their  rear,  would  have  fallen  back  from 
the  river  and  joined  in  a  race  for  Leesburg.  Or,  if  it  is  con 
ceivable  that  he  would  have  persisted  in  his  move  on  Ball's 
Bluff  and  his  attack  on  Baker,  he  would  have  been  attacked 
in  his  rear,  shut  in  between  the  two  wings  of  Stone's  division, 
and  most  of  his  force  would  have  been  captured. 

(6)  If  there  was  an  armed  fortification  in  the  road  it  might 
have  been  flanked.  Many  officers  said  so.  Nobody  questioned 
it.  A  reading  of  General  Stone's  testimony  on  this  point 
leaves  the  impression  that  he  was  more  inclined  to  make 
excuses  and  fog  than  candid  explanations.  However,  his 
admissions  are  important.  He  was  asked:  — 

Suppose  your  force  [the  left  wing]  had  been  thrown  around  there 
[beyond  the  fort]  with  the  appearance  of  coming  in  their  rear,  would 
not  they  have  been  compelled  to  leave  their  intrenchments? 

To  which  he  answered :  — 

Yes,  sir,  if  I  had  chosen  to  expose  fifteen  hundred  men  [far  short  of 
the  number  of  his  left  wing]  to  extraordinary  risk,  —  an  unusual 
military  risk,  —  the  attempt  could  have  been  made. 

Then  Senator  Chandler  put  this  question :  — 

If  those  batteries  had  not  been  there,  or  if  being  there  they  had 
been  flanked  in  any  way,  would  it  not  have  been  a  comparatively 
easy  task  to  have  captured  their  whole  force? 

General  Stone  answered :  — 

No,  sir,  because  they  [Stone's  troops  at  the  ferry]  could  not  have 
marched  that  distance  in  twice  the  time  that  the  action  at  Ball's 
Bluff  lasted. 


APPENDIX  331 

Let  us  see  about  this  element  of  time.  The  actual  battle 
began  between  two  and  three  o'clock  and  raged  until  nearly 
five  —  more  than  two  hours.  " Twice  the  time"  is  at  least 
four  hours.  But  General  Stone  must  have  known  this  was 
a  misleading  measure.  Even  before  he  sent  Baker  to  take 
command,  Devens's  force,  which  led  the  movement,  had  been 
engaged.  Baker  left  Stone  about  half-past  nine,  and  as  he 
rode  up  toward  Ball's  Bluff  Devens  and  Lee  were  exchanging 
shots  with  the  Confederates.  Sharp  firing  continued  from 
time  to  time  during  the  day  and  was  heard  at  Stone's  head 
quarters.  His  men  over  on  the  Virginia  side  at  Edwards 
Ferry  heard  the  guns  and  begged  to  be  led  up  to  where  they 
knew  Baker  was  engaged.  An  alert  general  would  have  ridden 
the  distance,  less  than  four  miles,  or  at  least  have  sent  a  mem 
ber  of  his  staff,  —  as  later  in  the  day,  too  late,  Stone  did,  —  to 
find  out  how  the  fight  was  going.  At  about  half-past  eleven 
Stone  learned  that  the  Confederate  force  confronting  Baker 
was  larger  than  he  had  supposed.  That  was  the  time  to  do 
something.  It  was  more  than  five  hours  from  that  time  to  the 
moment  when  Baker  fell  and  the  rout  began;  five  hours  in 
which  the  left  wing,  lying  inert  at  the  ferry,  might  —  al 
though  at  much  risk,  Stone  said  —  have  marched  out  into  the 
country,  beyond  that  dreaded  battery,  and  then  come  in 
toward  the  river  again,  higher  up,  and  given  Evans  and  his 
yelling  Confederates  a  surprise;  five  hours  to  march  —  how 
far?  Let  us  revert  to  the  testimony.  After  eliciting  the  state 
ment  that  there  was  not  time  to  send  relief  to  Baker  on 
account  of  the  distance,  Mr.  Chandler  asked,  "What  dis 
tance?  "  To  that  General  Stone  made  this  answer :  — 

The  distance  they  [the  troops  of  Stone's  left  wing]  would  have  been 
obliged  to  march  would  have  been  at  least  eight  or  nine  miles  !  And  after 
such  a  march  as  that  they  would  have  come  into  action  tired  and 
fatigued ! l 

Then,  General  Stone,  apparently  oblivious  to  the  disclosure 
1  The  italics  and  exclamation  points  are  mine.  —  E.  R.  K. 


332  APPENDIX 

he  had  made,  but  evidently  realizing  that  he  had  been  guilty 
of  exaggeration  in  describing  the  distance,  continued :  — 

Remember  that  all  this  was  unknown  ground.  There  is  a  range  of 
hills  there  that  cuts  off  the  view  of  what  is  behind.  And  for  troops  to 
march  seven  or  eight  miles  [a  moment  before  it  was  eight  or  nine  "at 
least"]  around,  over  unknown  ground,  without  knowledge  of  the 
force  of  the  enemy,1  is  very  brave  work  indeed;  but  I  do  not  think  it 
would  have  been  soldierlike. 

Yet  when  Stone  learned  of  the  disaster  to  his  right  wing  and 
realized  that  the  victorious  Confederates  might  come  down 
upon  his  left  and  overwhelm  it,  and  sent  to  the  nearest  force 
for  help,  General  Banks  marched  his  division  in  the  night 
nearly  fourteen  miles  to  Edwards  Ferry  and  made  no  com 
plaint  of  the  fatigue. 

It  was  after  these  statements  of  General  Stone  that  General 
McClellan  testified  before  the  Congressional  Committee :  — 

I  think  they  [the  troops  of  the  left  wing]  should  either  have  been 
thrown  upon  Leesburg  or  sent  to  assist  Colonel  Baker. 

VIII.  The  conditions  that  led  to  the  Battle  of  Ball's  Bluff 
and  the  causes  of  the  Union  defeat  have  now  been  fully  set 
forth  and  responsibility  for  the  disaster  has  been  placed. 
Charges  made  directly  after  the  event  forced  General  Stone 
into  an  attitude  of  strenuous  self-defense.  Some  of  the  pub 
lished  statements  were  unfounded.  So  the  General  lost  his 
temper,  and,  asserting  that  Baker's  "friends"  were  attacking 
him,  with  the  illogicalness  of  an  angry  man  he  turned  upon 
the  dead  Colonel  and  charged  him  with  losing  the  battle 
through  unskillful  handling  of  his  troops.  Whoever  has  read 
the  history  of  the  Civil  War  knows  that  such  a  charge  would 
have  early  lain  against  many  officers  who  later  became  dis 
tinguished  for  their  victories.  Many  men  were  at  first  inex 
perienced;  many  were  out  of  practice.  If  the  correctness  of 
General  Stone's  charge  were  conceded,  Baker's  fame  would 
be  but  slightly  dimmed  and  his  claim  upon  the  gratitude  of 

1   General  Stone  had  notified  Baker  that  the  rebel  force  was  four  thousand. 


APPENDIX  333 

the  country  he  served  so  well  would  continue  unimpaired. 
Lord  Rosebery  truly  "says,  "  With  Pitt,  as  with  Nelson,  his 
country  will  not  count  flaws.  What  do  they  matter?  How 
are  they  visible  in  the  sunlight  of  achievement?  A  country 
must  cherish  and  guard  its  heroes."  l 

But  the  justice  of  General  Stone's  charge  is  not  conceded; 
it  is  denied.  And  the  effectiveness  of  the  charge  is  weakened, 
if  not  destroyed,  by  the  inconsistencies  and  contradictions  of 
the  complainant.  In  his  first  official  report,  dated  eight  days 
after  the  engagement,  General  Stone  said :  — 

Had  an  efficient  officer  with  one  company  remained  at  each  land 
ing,  guarding  the  boats,  their  full  capacity  would  have  been  made 
serviceable,  and  sufficient  men  would  have  been  passed  on  to  secure 
the  success  of  his  [Baker's]  operation. 

In  an  indorsement  on  the  report  of  the  action  by  Captain 
Young,  General  Stone  wrote  that  if  there  had  been  regularity 
and  order  in  the  movement  of  the  boats  "there  would  have 
been  no  disaster."  It  would  seem  that  at  this  time  General 
Stone  had  no  idea  of  charging  Colonel  Baker  with  unskillful 
handling  of  his  troops.  But  in  his  angry  letter  of  the  2d  of 
November  to  General  Williams,  Stone  declared  that  "as  the 
troops  were  arranged  on  the  field  I  feel  that  increased  force 
would  only  have  given  us  increased  loss."  Then,  by  the  5th  of 
January,  1862,  having  cooled  off  to  some  extent,  he  testified 
that  if  the  scows  had  been  well  managed,  Baker  might  have 
got  enough  men  across  "to  have  crushed  out  the  force  there." 
Thus,  while  Stone  blamed  Baker  for  losing  the  battle  through 
unskillfulness  in  handling  the  troops,  he  plainly  and  repeatedly 
showed  that  he  believed  Baker  would  have  won  a  victory  if 
there  had  been  troops  enough  on  the  field.  And  although  he 
frequently  maintained  that  the  means  of  transportation  were 
ample,  he  blamed  Baker  for  deciding  to  cross  the  river  with 
the  facilities  provided,  —  a  decision,  it  is  now  contended, 
Baker  did  not  make. 

1  Lord  Chatham,  1910.  Harper  and  Brothers. 


334  APPENDIX 

Again,  General  Stone  blamed  Colonel  Baker  for  spending 
some  time  on  Harrison's  Island  directly  superintending  the 
work  of  ferrying  reinforcements  over  to  Ball's  Bluff.  Yet  it 
was  the  judgment  of  every  officer  who  testified  before  the 
investigating  committee  that  the  greatest  need  of  the  day  was 
reinforcement.  Stone  would  have  had  the  work  of  reinforcing 
left  to  a  subordinate.  Baker,  appreciating  the  supreme  need 
of  the  expedition,  as  long  as  possible  attended  to  it  himself. 
Devens,  selected  for  the  post  by  General  Stone,  could  safely 
be  intrusted  with  the  command  on  the  Virginia  side  an  hour 
or  two  longer.  The  inexperienced  volunteers  on  the  island 
could  not  as  efficiently  manage  the  transportation  difficulties. 
Indeed,  after  Colonel  Baker  left  them  the  work  fell  into  confu 
sion.  Stone,  without  proof,  assumed  that  Baker  put  no  one  in 
charge  of  the  work,  although  he  was  conscious  of  its  supreme 
importance. 

Baker  was  dead  and  unable  to  tell  his  side  of  the  story,  but 
it  is  difficult  to  believe  that  a  talented  veteran  officer  could, 
after  giving  the  matter  his  own  supervision,  abandon  it  and 
make  no  provision  for  any  one  to  take  his  place.  Indeed,  Mr. 
Abbott  states  that  "Captain  Ritman  was  put  in  charge  of  for 
warding  the  men  from  the  island  to  the  Virginia  side."  :  It  is 
highly  probable  that  some  other  was  charged  with  a  similar 
duty  on  the  Maryland  shore.  Possibly  the  brave  fellows 
assigned  to  that  specific  duty  were  after  a  time  swept  away 
by  their  enthusiasm  and  went  forward  into  actual  fighting, 
leaving  to  others  the  inglorious  drudgery  of  loading  and 
starting  the  uninspiring  scows.  I  place  this  guess  against 
General  Stone's;  I  think  it  the  better  of  the  two. 

This  word  more  should  be  said:  when  Colonel  Baker  went 
over  to  Ball's  Bluff  he  left  instructions  concerning  the  artil 
lery.  He  well  knew  that  transportation,  quite  as  much, 
needed  attention.  It  is  highly  probable  that  he  left  orders  as 
to  that. 

1  Abbott,  chapter  vm.  The  precise  page  has  escaped  me.  It  was,  I  think, 
between  pp.  217  and  220.  —  E.  R.  K. 


APPENDIX  335 

General  Stone  condemned  Colonel  Baker  for  allowing  the 
horses  to  be  taken  along  when  the  artillery  was  ferried  across, 
complaining  that  the  space  taken  by  the  horses  would  have 
been  better  used  if  it  had  been  filled  with  infantry.  But 
Colonel  Cogswell  was  in  charge  of  the  artillery,  by  Baker's 
order,  and  it  was  this  trained  West  Pointer  who  saw  guns  and 
horses  ferried  over,  while  Baker  was  on  the  firing-line;  and 
the  effective  work  of  the  six-pounder  amply  justified  Cogswell 
for  ferrying  it  across.  General  Stone  also  condemned  Colonel 
Baker's  disposition  of  his  troops  on  the  battlefield.  In  a  letter 
dated  December  2, 1861,  Stone  said,  with  unpardonable  exag 
geration,  "The  troops  were  so  arranged  on  the  field  as  to 
expose  them  all  to  fire,  while  but  few  could  fire  on  the  enemy." 
A  month  later,  before  the  Committee,  he  modified  his  charge, 
and  testified,  "The  Fifteenth  and  Twentieth  Massachusetts, 
by  the  way  they  were  posted,  could  deliver  only  about  half 
their  fire  upon  the  enemy."  The  "but  few"  of  the  entire  force 
of  the  first  statement  has  got  down  to  "about  half"  of  the  two 
Massachusetts  regiments  in  the  January  testimony,  and  the 
California  Regiment,  the  most  numerous  organization  in  the 
action,  and  the  Tammany  Regiment,  are  not  referred  to.  Nor 
does  Stone  state  the  reason  why  some  of  the  Massachusetts 
men  were  at  first  not  put  into  the  fight,  which  was  that  they 
were  prudently  posted  as  reserves. 

If  a  comparison  of  these  two  statements  does  not  discredit 
General  Stone  as  an  accuser,  the  substance,  the  gravamen,  of 
his  charge  is  disproved  by  the  official  reports  of  killed  and 
wounded  in  the  affair.  A  great  part,  if  not  the  greater  part,  of 
the  Union  loss  occurred  after  the  retreat  and  rout,  while  an 
extremely  small  part  of  the  Southern  loss  was  inflicted  by  the 
Union  soldiers  after  they  left  the  battlefield;  yet  the  Confed 
erates  had  153  killed  and  wounded  and  the  Union  loss  was  but 
207,  —  proof  that  while  the  Government  troops  remained  on 
the  field  their  fire  was  effective,  and,  in  view  of  the  much 
greater  number  of  the  Southern  muskets,  better  than  that  of 
their  adversaries. 


336  APPENDIX 

The  last  communications  that  were  exchanged  between 
General  Stone  and  Colonel  Baker  are  reprinted  here.  Stone's 
note,  written  hours  after  he  had  sent  Baker  to  Ball's  Bluff,  is 
as  follows :  — 

COLONEL:  I  am  informed  that  the  force  of  the  enemy  is  about  4000 
all  told.  If  you  can  push  them  you  may  do  so  as  far  as  to  have  a 
strong  position  near  Leesburg,  if  you  can  keep  them  before  you, 
avoiding  their  batteries.  If  they  pass  Leesburg  and  take  the  Gum 
Spring  road  you  will  not  follow  far,  but  seize  the  first  good  position 
to  cover  the  road.  Their  design  is  to  draw  us  on,  if  they  are  obliged  to 
retreat,  as  far  as  Goose  Creek,  where  they  can  be  reinforced  from 
Manassas  and  have  a  strong  position.  Report  frequently,  so  that 
when  they  are  pushed  Gorman  can  come  in  on  their  flank. 

How  was  this  understood  by  those  who  first  received  it? 
Captain  Young  testified  that  he  was  on  the  island  when 
Colonel  Cogswell,  who  was  on  the  Maryland  shore,  held  up  a 
paper  and  shouted  that  it  was  an  order  from  General  Stone  to 
Colonel  Baker,  just  received.  Captain  Young  called  out  to 
Cogswell  to  open  and  read  it.  "He  did  so,"  says  Young,  "and 
said  it  was  to  go  ahead." 

How  did  Colonel  Baker  understand  it?  After  that  long  con 
versation  earlier  in  the  day,  when  Stone  explained  the  topog 
raphy  of  the  contiguous  part  of  Virginia,  and 

told  him  that  General  McCall  had  advanced  his  troops  to  Dranes- 
ville,  and  that  I  was  extremely  desirous  of  ascertaining  the  exact  posi 
tion  and  force  of  the  enemy  in  our  front,  and  exploring  as  far  as  it 
was  safe  on  the  right  towards  Leesburg  and  on  the  left  towards  the 
Leesburg  and  Gum  Spring  road;  and  that  I  should  continue  to  rein 
force  the  troops  under  General  Gorman  opposite  Edwards  Ferry, 
and  try  to  push  them  carefully  forward  x  to  discover  the  best  line  from 
that  ferry  to  the  Leesburg  and  Gum  Spring  road,  etc., 

how  could  Colonel  Baker  understand  this  midday  communi 
cation  as  anything  but  a  suggestion  "to  go  ahead"?  What  if, 

1  The  italics  are  mine.  —  E.  R.  K. 


APPENDIX  337 

when  Gorman  arrived  at  "the  Leesburg  and  Gum  Spring 
road,"  he  should  find  no  Union  troops  to  cooperate  with  him, 
but  should  encounter  the  Confederates?  Baker  undoubtedly 
thought  of  that  and  determined  that  he  would  not  fail  Gor 
man  nor  disappoint  Stone.  So  in  reply  to  Stone's  order  he 
sent  this  message:  — 

GENERAL:  I  acknowledge  your  order  of  11.50  announcing  their 
force  at  4000.  I  have  lifted  a  large  boat  out  of  the  canal  into  the 
river.  I  shall,  as  soon  as  I  feel  strong  enough,  advance  steadily, 
guarding  my  flanks  carefully.  I  will  communicate  with  you  often.  I 
shall  cross  some  guns,  Rhode  Island  and  New  York,  directly.  As  you 
know,  I  have  ordered  down  my  brigade  and  Cogswell,  who  will  cross 
as  rapidly  as  possible.  I  shall  feel  cautiously  for  them.  I  hope  your 
movement  below  will  give  advantage.  Please  communicate  with  me 
often. 

These  two  dispatches  and  the  circumstances  under  which 
they  were  written  tell  a  plain  tale.  General  Stone  still  wanted 
information  of  conditions  over  in  Virginia  and  still  expected 
Baker  to  push  forward  and  obtain  it.  Colonel  Baker,  obedient 
and  faithful,  the  true  soldier,  would  do  what  his  chief  ex 
pected  of  him.  Now  that  he  knew  the  numbers  confronting 
him  he  realized  that  both  wings  of  the  army  must  work  to 
gether  to  make  a  success  of  the  General's  plan.  The  right  wing 
would  not  falter;  but  there  is  a  tone  of  appealing  pathos  in  the 
Colonel's  closing  words:  "I  hope  your  movement  below  will 
give  advantage.  Please  communicate  with  me  often." 

When  General  Stone  published  his  defense  he  omitted  the 
text  of  these  two  documents,  but  he  represented  them  to  be  as 
follows :  — 

I  warned  him  [Baker],  when  I  ascertained  it,  that  I  believed  4000 
troops  would  be  opposed  to  him;  there  was  still  time  to  retire;  and 
when  he  replied,  "I  shall  not  retire,"  I  had  no  doubt,  and  I  have 
now  no  doubt,  that  he  felt  perfectly  able  to  meet  that  force. 

Is  this  a  fair  summary  of  those  two  communications? 
General  Stone  did,  in  his  11.50  note,  inform  Colonel  Baker  of 


338  APPENDIX 

the  estimated  number  of  the  enemy;  but  is  there  anything  in 
the  language  or  sentiment  of  the  note  that  justified  character 
izing  it  as  a  warning?  "  If  you  can  push  them  you  may  do  so ' ' ; 
is  that  the  language  of  warning?  Was  General  Stone's  state 
ment  designed  to  convey  the  impression  that  in  his  message  to 
Colonel  Baker  he  said  something  to  suggest  that  "there  was 
still  time  to  retire"?  And  is  there  anything  in  the  note  that 
could  by  any  possibility  be  construed  as  such  a  suggestion? 
General  Stone  told  the  American  people  that  Colonel  Baker 
replied,  "  I  shall  not  retire."  Is  this  a  fair  representation  of  the 
real  answer?  Was  General  Stone  justified  in  putting  such  a 
declaration  in  quotation  marks? 

One  thing  remains  for  discussion.  In  the  judgment  of  some 
officers  Colonel  Baker  erred  in  forming  his  line  of  battle  near 
the  brink  of  the  bluff.  They  would  have  had  him  advance  to 
the  wooded  ground  a  short  distance  from  the  river.  If  Baker 
was  wrong,  — 

"  it  was  a  grievous  fault, 
And  grievously  hath  Caesar  answered  it." 

But  is  it  quite  certain  that  Baker  erred?  The  advantage  of 
the  wooded  position  suggested  by  Colonel  Cogswell  as  a 
defensive  position  was  obvious.  But,  on  the  other  hand,  if 
General  Evans,  whose  force  greatly  outnumbered  Baker's, 
had  slipped  around  one  end  of  Baker's  line,  got  in  his  rear,  and 
cut  off  the  Union  troops  from  their  base,  Baker  would  have 
been  compelled  to  change  front  under  fire  and  make  a  dubious 
fight  to  recover  his  first  position.  However  slow  and  irregular 
the  scows  may  have  been,  they  were  the  only  means  of  supply 
ing  the  supreme  needs  of  the  day,  more  troops  and  more  am 
munition.  For  Colonel  Baker  to  have  allowed  the  rebels  to 
separate  him  from  the  ferry  would  probably  have  alarmed  and 
demoralized  the  men.  To  have  risked  such  a  move  would  have 
been  a  mistake.  General  Stone  made  other  criticisms  of 
Colonel  Baker's  handling  of  his  troops,  inspired  by  the  des 
peration  of  his  position  and  in  angry  retaliation  upon  the  dead 


APPENDIX  339 

hero  for  the  attacks  some  of  his  friends  had  made  upon  Stone. 
They  seem  to  require  no  discussion  here. 

Finally.  Before  Colonel  Baker  was  killed  he  apparently 
realized  that  the  day  was  probably  lost.  He  was  not  strong 
enough  to  advance  and  he  had  no  bridge  over  which  he  could 
retire.  But,  although  outnumbered,  he  was  able  to  stand  his 
ground.  His  practical  suggestions  to  his  men  for  diminishing 
their  peril  and  adding  to  their  effectiveness  in  delivering 
their  fire,  his  encouraging  remarks,  his  inspiring  example  of 
serene,  cheerful  demeanor,  and  his  fearless,  conspicuous  ex 
ample  of  undaunted  courage,  were  "worth  a  host  of  men." 
While  requiring  his  men  to  lie  down,  he  walked  from  regiment 
to  regiment,  arousing  their  wildest  enthusiasm.  Yet  he  knew 
that  the  only  hope  for  victory  was  in  the  arrival  of  Gorman's 
troops.  We  used  to  read,  in  picturesque  narratives  of  the 
Battle  of  Waterloo,  how  Wellington,  hard-pressed  by  the 
fierce  onsets  of  the  French,  exclaimed,  "Oh,  that  Bliicher  or 
night  would  come ! "  For  Wellington,  Bliicher  arrived  in  time. 
But  Stone  did  not  move  his  left  wing.  The  last  command 
Baker  ever  gave  was  to  Captain  Young,  whom  he  ordered  to 
report  to  General  Stone  that  troops  could  not  be  ferried  over 
in  sufficient  numbers  and  that  reinforcements  must  come  up 
on  the  left. 

General  Stone  said,  in  a  dispatch  to  General  McClellan, 
written  several  hours  after  Baker  fell,  —  several  days  before 
he  appreciated  the  necessity  for  a  scapegoat,  —  "All  was 
reported  going  well  up  to  Baker's  death."  A  Southern  his 
torian  says,  "Shortly  after  the  action  became  general  Colonel 
Baker,  passing  in  front  of  his  command,  was  killed  by  a  sharp 
shooter,  which  so  demoralized  the  Federals  that  the  surviving 
officers  conferred  and  decided  to  retreat."  l 

While  Baker  lived  there  was  no  rout,  no  disorder,  no  defeat. 

1  Confederate  Military  History,  edited  by  General  Clement  A.  Evans,  vol. 
Ill,  p.  191. 


Ill 

BITTERNESS  OF  CALIFORNIA  DISLOYALISTS 

Letter  from  Mr.  James  R.  Morse 

DEAR  MR.  KENNEDY,  —  Referring  to  our  conversation 
regarding  California  experiences  and  Southern  sympathizers 
leaving  that  state  to  join  the  Confederacy,  I  am  sorry  to  say 
I  cannot  give  names,  with  one  exception,  for  it  has  been  many 
years  since  I  have  even  thought  of  the  incident. 

As  I  told  you,  I  went  from  Wisconsin  to  the  Pacific  Coast 
in  company  with  my  father  and  brother  in  1862.  We  crossed 
the  Plains  with  ox  teams.  When  out  two  or  three  days  from 
Bear  River,  Utah,  on  our  way  to  Nevada,  a  party  of  six  men 
rode  into  our  camp,  and  from  the  leader,  Captain  Jackson, 
we  learned  they  were  from  Marysville,  California,  and  that 
when  they  started  they  numbered  fifteen,  all  well  armed  and 
well  mounted.  They  undertook  this  ride  of  some  three  thou 
sand  miles  across  the  Plains,  to  "offer  their  services  to  Jeff 
Davis,"  as  they  expressed  it.  One  morning,  early  in  August, 
at  a  place  called  "City  of  Rocks,"  just  as  they  were  about  to 
break  camp  they  were  visited  by  an  unusually  large  party  of 
professedly  friendly  Paiute  or  Shoshone  Indians,  who  offered 
them  fresh  beef  in  exchange  for  tobacco  and  spirits.  Captain 
Jackson,  who  possessed  a  wonderful  knowledge  of  Indian 
character,  at  once  suspected  treachery,  and  quietly  passed  the 
word  to  his  men  to  prepare  for  a  running  fight.  While  engag 
ing  the  chief  in  conversation  about  hunting  in  the  neigh 
borhood,  all  preparations  were  made;  his  men  mounted  and 
slowly  began  to  move  out  of  camp.  Captain  Jackson  thanked 
the  chief  for  the  information  given  him,  bade  him  good-bye, 
mounted,  and  followed  his  men.  Almost  immediately  the 
Indians  began  to  close  in  on  him,  with  the  intention,  no  doubt, 


APPENDIX  341 

of  cutting  him  off  from  his  comrades.  He  drew  his  revolver, 
shot  two  of  the  Indians,  put  spurs  to  his  horse,  and  soon 
joined  his  men,  when  a  running  fight  was  begun  and  kept  up 
until  late  in  the  afternoon.  In  the  mean  time  Jackson  was 
obliged  to  abandon  his  packhorses,  and  thus  all  their  provi 
sions  were  lost.  Just  before  dusk  he  was  also  obliged  to  give 
orders  to  dismount  (their  saddle  horses  having  become  ex 
hausted),  and  take  to  the  rocks.  Up  to  this  moment  not  a  man 
had  received  even  a  scratch,  but  within  fifteen  minutes  from 
the  time  they  reached  the  hills  they  were  surrounded,  six  of 
them  killed,  and  three  badly  wounded.  Under  cover  of  dark 
ness  Jackson,  with  five  comrades,  succeeded  in  removing  the 
three  wounded  men  to  a  thick  growth  of  willows  in  the  valley, 
on  the  banks  of  the  Feather  River,  made  them  as  comfortable 
as  circumstances  would  permit,  left  them  well  armed,  with 
plenty  of  ammunition,  but  no  food,  and  promised  to  return 
with  a  rescuing  party  if  spared  to  get  through  to  a  settlement 
about  one  hundred  miles  distant.  After  a  rest  of  a  few  hours 
Jackson  and  his  five  comrades  made  their  start,  and  three 
days  later  came  staggering  into  our  camp  about  ten  o'clock  at 
night.  We  were  a  party  of  about  sixty  men,  women,  and  chil 
dren,  with  from  thirty  to  thirty-five  wagons  well  supplied 
with  provisions,  arms,  and  ammunition.  The  following 
morning,  before  daybreak,  Jackson,  as  guide  and  in  command, 
with  twelve  volunteers  from  our  party,  started  on  his  return 
to  the  Feather  River  to  rescue  his  wounded  comrades. 
Twenty-four  hours  later  two  of  these  wounded  men  came 
crawling  into  our  camp,  more  dead  than  alive,  and  reported 
the  third  man  alive  when  they  left  him.  They  had  missed 
Jackson  and  his  party,  as  they  traveled  only  at  night,  and 
were  in  hiding  and  off  the  main  road  during  the  day.  On  the 
third  day  from  the  time  Jackson  left  us  we  were  met  a  short 
distance  from  the  Feather  River  by  one  of  the  rescuing  party, 
who  reported  Jackson  and  the  others  camped  where  they  had 
originally  left  the  wounded,  and  that  the  third  wounded  man 
was  alive  and  doing  well.  All  this  time  he  had  subsisted  on 


342  APPENDIX 

wild  rosebuds,  as  did  those  who  were  with  him.  The  wounded 
men  reported  that  for  several  nights  after  their  battle  the 
Indians  would  occasionally  approach  within  a  short  distance 
and  throw  stones  into  the  willows,  finally  disappearing  alto 
gether.  Jackson  and  his  party  accompanied  us  as  far  as  Starr 
City,  Humboldt  County,  Nevada.  My  recollection  is  that  the 
wounded  men  entirely  recovered. 

To  illustrate  their  intense  hatred  for  Union  men,  one  of 
them,  who  had  been  shot  five  times  by  the  Indians,  and  who 
was  then  carrying  the  balls  within  his  body,  and  being  nursed 
and  cared  for  by  a  Unionist,  remarked  that  he  would  much 
rather  kill  a  Union  man  than  an  Indian. 
Yours  very  truly, 

JAMES  R.  MORSE. 


AUTHORITIES  REFERRED  TO 

Abraham  Lincoln.  John  G.  Nicolay  and  John  Hay.   The  Century 

Company. 
A  Belle  of  the  Fifties :  Memories  of  Mrs.  Clay  of  Alabama.  Put  into 

narrative  form  by  Ada  Sterling.  Doubleday,  Page  &  Co. 
A  Senator  of  the  Fifties.  Jeremiah  Lynch.  A.  M.  Robertson. 
Bench  and  Bar  in  California.  Oscar  T.  Shuck.  The  Occident  Printing  *> 

House. 
California    (American    Commonwealths    Series).     Josiah    Royce. 

Houghton  Mifflin  Company. 
"Checkered  Life:  In  the  Old  and  New  World.   Rev.  J.  L.  Ver  Mehr. 

A.  L.  Bancroft  &  Co. 
History  of  California.  Theodore  H.  Hittell.  Pacific  Press  Publishing 

House  and  Occidental  Publishing  Company. 
History  of  the  Pacific  States  of  North  America :  California.   Hubert 

Howe  Bancroft.  The  History  Company. 
History  of  the  Civil  War  in  America.  John  S.  C.  Abbott. 
'History  of  the  Philadelphia   Brigade.    Brevet   Lieutenant-Colonel 

Charles  H.   Banes.    J.   B.   Lippincott  and   Company. 
History  of  the  One  Hundred  and  Sixth  Regiment,  Pennsylvania  Volun 
teers.  Colonel  Joseph  R.  C.  Ward.  F.  McManus,  Jr.  &  Co. 
'  House  of  Representatives,  Report  of  the  Joint  Committee  on  Conduct  of 

the  War.  In  three  parts.    Part  2.   Government  Printing  Office. 
Life  and  Letters  of  Edmund  Clarence  Stedman.  Laura  Stedman  and 

George  M.  Gould,  M.D.  Moffat,  Yard,  &  Co. 
Lights  and  Shadows  of  Life  on  the  Pacific  Coast.  S.  D.  Woods.  Funk 

&  Wagnalls  Company. 
Lincoln,  Master  of  Men.    Alonzo  Rothschild.    Houghton  Mifilin 

Company. 

Masterpieces  of  E.  D.  Baker.  Edited  by  Oscar  T.  Shuck.  The  Editor. 
Personal  Reminiscences  of  Early  Days  in  California.  Stephen  J.  Field. 

Printed  for  a  few  friends.  Not  Published. 
Representative  and  Leading  Men  of  the  Pacific.  Edited  by  Oscar  T. 

Shuck.  Bacon  &  Co. 


344         AUTHORITIES  REFERRED  TO 

Sketch  of  the  Life  and  Public  Services  of  Edward  D.  Baker.  Joseph 
Wallace.  Springfield,  111.,  1870. 

The  Congressional  Globe.  Prepared  by  John  C.  Rives. 

The  History  of  California.  Frank  Tuthill. 

The  Illini.  Clark  E.  Carr.  A.  C.  McClurg  &  Co. 

The  Life  of  Abraham  Lincoln.  Isaac  N.  Arnold. 

The  Life  and  Works  of  Rufus  Choate.  Samuel  Gilman  Brown.  Little, 
Brown,  &  Co. 

The  War  of  the  Rebellion.  A  compilation  of  the  Official  Records  of  the 
Union  and  Confederate  Armies,  prepared  under  the  direction  of 
the  Secretary  of  War.  By  Brevet  Lieutenant-Colonel  Robert  N. 
Scott.  Government  Printing  Office. 

Twenty  Years  of  Congress.  James  G.  Blaine.  The  Henry  Bill  Pub 
lishing  Company. 

Three  Years  in  California.  Rev.  Walter  Colton,  U.S.N.  A.  S.  Barnes 
&Co. 


INDEX 


INDEX 


Abbott,  J.  S.  C.,  on  Ball's  Bluff,  334. 

Adams,  John,  command  in  California, 
212. 

Admission,  struggle  in  Congress,  26. 

Alcaldes,  duties,  13;  character,  14. 

Alemany,  J.  S.,  influence  for  Union 
cause,  242. 

Alta  California,  on  Baker's  removal 
to  Oregon,  135. 

Amusements  :  dances,  fandango,  8; 
gambling,  10. 

Anderson,  Alexander,  as  lawyer  in 
California,  115. 

Anderson,  Robert,  reception  in  New 
York,  255. 

Archer,  W.  R.,  and  Baker,  95. 

Arizona,  secession  sentiments,  225. 

Arms,  sent  by  Floyd  to  California, 
74. 

Army,  assignment  of  Johnston  to 
command  Department  of  Pacific, 
79-82 ;  Baker  urges  necessity  of  loyal 
commander  there,  202,  206;  Sum- 
ner  relieves  Johnston,  206-208; 
concentration  of,  on  coast,  210-215; 
Baker  on  ration,  235,  236;  regulars 
on  coast  sent  east,  251,  252;  garri 
son  service  of  California  volunteers, 
251-253.  See  also  Civil  War. 

Arnold,  I.  N.,  on  tributes  to  Baker, 
280,  281. 

Aspinwall,  W.  H.,  Panama  Railroad, 
114. 

Atlantic  cable,  Baker's  oration  on, 
124-127. 

Auburn,  Cal.,  first  birth  of  girl  in,  14. 

Augur,  C.  C.,  command  in  California, 
213. 


Baker,  Alfred,  and  Panama  Railroad, 
114. 

Baker,  E.  D.,  senatorial  ambition,  33, 
91,  127;  congressional  campaign  in 
California  (1859),  46, 132, 159;  fun 
eral  oration  on  Broderick,  53-62; 
services  in  keeping  California  loyal, 
88,  202,  206,226, 227;  character,  89; 
as  orator,  53, 89, 90, 96, 97,  111,  117. 
124,  128,  131,  132,  140,  157,  166, 
238, 256,  280;  training  and  early  ca 
reer,  90-93;  in  Black  Hawk  War, 
93;  daring,  94;  as  lawyer  in  Illinois, 
94;  as  poet,  95-97,  102:  Lincoln's 
rescue  of,  from  hostile  audience,  97; 
in  Illinois  legislature,  99,  100;  atti 
tude  towards  judiciary,  99;  in  Har 
rison's  campaign,  99;  marriage,  100; 
religion,  100;  intimacy  with  Lincoln, 
100, 106, 142,  202,  204,  205;  in  Con 
gress,  100-103,  106-113;  on  Eng 
lish  corn  laws,  100;  lectures,  101; 
in  Mexican  War,  speech  in  House 
in  uniform,  101-105  ;  in  Taylor's 
political  campaign,  106;  and  Cabi 
net  position,  107;  and  admission  of 
California,  107;  on  his  foreign  birth 
and  loyalty,  107-109,  141;  and 
Compromise  of  1850, 109;  and  tem 
perance,  109;  on  Franklin  relief  ex 
pedition,  109-111;  eulogy  on  Tay 
lor,  111-113;  opposition  to  dueling, 
113;  and  construction  of  Panama 
Railroad,  114;  migrates  to  Cali 
fornia,  115;  law  practice  there,  117- 
123;  defense  of  Cora,  ethics  of  it 
considered,  119-122;  influence  of 
case  on  popularity,  122;  and  Vigi- 


348 


INDEX 


lance  Committee,  123;  oration  on 
first  Atlantic  cable,  124-127;  apos 
trophe  to  Science,  124;  in  Califor 
nia  politics,  on  stump  for  Fremont, 
127-132;  appearance,  132,  147, 
165;  "Gray  Eagle  of  Republican 
ism,"  132;  moves  to  Oregon  at  in 
vitation  of  Republicans  there,  134; 
departure  from  San  Francisco,  134; 
campaign  in  Oregon  (1860),  140- 
142,  148;  elected  to  Senate,  142, 
152;  reception  in  San  Francisco 
after  election,  144,  147;  Republi 
can  campaign  speech  there,  148- 
161;  on  sectionalism  of  party,  153; 
on  excuse  for  secession,  154 ;  on  Fugi 
tive  Slave  Law,  153,  173;  on  ter 
ritorial  slavery,  155, 173;  on  Demo 
cratic  opposition  to  Pacific  rail 
road,  156;  on  Broderick's  example 
and  memory,  159;  and  California 
patronage,  162,  203-205;  set  of 
plate  presented  to,  162;  goes  east, 
163;  unique  position  in  Senate,163- 
166;  conference  with  President 
elect  Lincoln,  166-168;  reply  to 
Benjamin  on  secession,  170-180;  on 
freedom  of  press,  176;  and  com 
promise  measures,  177-179,  189- 
192,  232;  on  collection  of  revenue  in 
seceded  states,  179;  and  Pacific  rail 
road,  180-182;  and  log-rolling,  182; 
and  defenses  for  Oregon,  183;  and 
payment  of  Nez  Perces,  183;  and 
protection  of  overland  routes,  184; 
and  internal  improvements,  184; 
attitude  on  tariff,  185-188;  sup 
ports  popular  sovereignty,  188;  and 
payment  of  California's  Indian  war 
claim,  189;  and  inauguration  of 
Lincoln,  192;  reconstruction  views, 
195;  urges  importance  of  loyal 
commander  for  Pacific  Department, 
202,  206;  control  of  raising  a  regi 


ment  in  Oregon,  205;  and  project 
of  Texas  expedition,  219;  approves 
of  Lincoln's  extra-legal  measures, 
230, 231 ;  on  standing  army,  231 ;  on 
complete  subjugation  of  South, 
232,  304;  prescience  of  reverses, 
233;  on  subjugation  and  republi 
can  government,  233-235,  302;  on 
army  ration,  235,  236;  speech  in 
uniform  in  Senate,  reply  to  Breck- 
inridge  on  suppressing  insurrection, 
237-240,  295-305;  declines  briga 
dier-generalship,  240;  speech  in 
New  York  after  fall  of  Sumter, 
256,  257;  formation  and  command 
of  California  Regiment,  258;  bri 
gade,  259;  expects  to  be  killed,  260; 
as  commander,  261,  267;  affection 
of  soldiers,  262,  276;  "Father 
Baker,"  262;  position  of  brigade 
before  Chain  Bridge,  262;  noted 
visitors  in  camp,  263;  reconnois- 
sances,  264-267;  Ball's  Bluff,  268- 
275;  death,  275;  rescue  of  body, 
275;  tributes  in  Congress,  278-283; 
grief  on  Pacific  Coast,  284;  death 
announced  there  by  new  telegraph, 
285;  commemorative  services,  286; 
on  senatorship  and  military  com 
mand,  287;  appointed  major-gen 
eral,  287;  funeral  services  in  San 
Francisco,  288-290;  oration  at  dedi 
cation  of  Lone  Mountain  Cemetery, 
289;  question  of  monument,  290, 
291;  conduct  at  Ball's  Bluff  re 
viewed,  310;  choice  of  position, 
310;  and  inadequacy  of  transporta 
tion,  313;  responsibility  for  crossing 
river  and  attempted  advance,  313- 
323, 336-338;  dependence  on  move 
ment  of  left  wing,  324-332;  hand 
ling  of  his  troops,  332-335, 338,339. 
Baker,  E.  M.,  command  in  Nevada, 
222. 


INDEX 


349 


Baldwin,  Drury,  and  Moore-Field 
challenge,  37. 

Baldwin,  J.  G.,  on  Baker,  93;  as  law 
yer  in  California,  116. 

Ball's  Bluff,  battle,  268-277;  losses, 
276,  335;  review  of  responsibility: 
Stone  and  McCall's  reconnois- 
sances,  307;  his  ignorance  of  Mc 
Call's  retirement,  308;  his  unau 
thorized  movement  in  force  based 
on  this  ignorance,  309;  choice  of 
position,  310;  responsibility  for  in 
adequate  transportation,  310-313; 
for  Baker's  crossing  and  attempted 
advance,  313-323;  for  failure  of 
left  wing  to  cooperate,  question  of 
intervening  Confederate  fort,  324- 
329;  practical  means  of  coopera 
tion,  329-332;  Baker's  handling  of 
his  troops,  332-335,  338,  339. 

Bancroft,  H.  H.,  on  California  so 
ciety,  1;  on  extent  of  crime,  18;  on 
Gwin  and  Pacific  railroad,  40;  on 
Broderick  and  Douglas,  44;  on 
Baker,  148,  204;  on  California  and 
secession,  197 ;  on  operations  of 
secessionists,  220;  on  Sumner's 
arrest  of  Gwin,  227;  on  services  of 
Col.  Wright,  229;  on  first  dispatch 
over  overland  telegraph,  285  n. 

Banes,  C.  H.,  on  movements  of  Ba 
ker's  brigade,  266. 

Banks,  California,  in  early  days,  3. 

Banks,  N.  P.,  and  battle  of  Ball's 
Bluff,  312,  322. 

Beall,  B.  L.,  command  ordered  east, 
252. 

Beecher,  H.  W.,  services  for  Union 
cause,  243. 

Beiral,  Captain  Louis,  and  rescue  of 
Baker's  body,  275. 

Belleville,  111.,  in  1830,  91. 

Bench  and  bar,  character,  3.  See  also 
Law  and  order,  Lawyers. 


Benham,  Calhoun,  Terry's  second, 
52;  arrested  for  treason,  228. 

Benjamin,  J.  P.,  in  California,  87, 
116;  voyage  with  Baker,  163;  Ba 
ker's  reply  to  speech  on  secession, 
170-180. 

Birdseye,  J.  C.,  candidacy  for  collec- 
torship,  204;  and  formation  of  Ba 
ker's  regiment,  258. 

Bissell,  W.  H.,  duel  with  Davis  pre 
vented,  113. 

Black  Hawk  War,  93. 

Elaine,  J.  G.,  on  Baker,  166;  on  Pa 
cific  Coast  and  secession,  197;  on 
Baker's  reply  to  Breckinridge,  238. 

Blake,  G.  A.  H.,  command  ordered 
east,  251. 

Bledsoe,  A.  T.,  Baker's  law  partner, 
94. 

Border  States,  Baker  on,  and  com 
promise,  189-192. 

Brady,  James,  on  Ball's  Bluff,  324. 

Bragg,  Thomas,  and  Pacific  railroad, 
180. 

Breckinridge,  J.  C.,  on  Baker  in  Sen 
ate,  165;  position  (1861),  237; 
speech  on  suppression  of  insurrec 
tion,  237;  Baker's  reply,  237-240, 
295-305;  reception  of,  by  Baker's 
regiment,  263. 

Brent,  J.  L.,  arrested  for  treason,  228. 

Broderick,  D.  C.,  and  arrest  of  Terry 
by  vigilantes,  21;  early  career,  32; 
departure  for  California,  33;  manu 
factures  "slugs,"  34;  in  San  Fran 
cisco  politics,  associates,  34;  char 
acter,  34,  35,  54,  56;  in  legislature, 
36;  and  Moore's  challenge  of  Field, 
36;  rescues  Field,  37;  characteris 
tic  action  in  quarrel,  38;  fortune, 
38;  election  to  Senate,  agreement 
with  Gwin,  39,  48,  55;  attitude  of 
administration  and  Southerners 
toward,  39;  reply  to  Hammond's 


350 


INDEX 


"mudsills"  speech,  40;  opposition 
to  Lecompton  Constitution,  41-44, 
'  57;  treatment  of  Gwin  in  Senate, 
44;  services  as  Senator,  45;  in  state 
campaign  of  1859,  denunciation  of 
Gwin,  45-48;  as  speaker,  47;  Terry's 
abuse,  49 ;  duel  and  death,  50-52, 58- 
60;  loss  to  California,  61;  funeral, 
Baker's  oration,  53-62;  killed  for 
opposition  to  slavery,  56,  58-60; 
remarks  in  Senate  on  death,  62; 
Baker  on  example  and  memory 
(1860),  159;  and  Republican  Party, 
199  n. 

Bromley,  "  Uncle  "  George,  and  Cali 
fornia's  first  railroad,  85. 

Browning,  O.  H.,  on  Baker's  poetry, 
95;  tribute  to  Baker,  279. 

Bryant,  W.  C.,  history  by,  ignores 
California  and  secession,  195. 

Buchanan,  James,  and  Broderick,  39; 
Broderick  and  Lecompton  Consti 
tution,  42,  43,  57. 

Bull  Run,  effect  on  California  seces 
sionists,  216. 

Burch,  J.  C.,  and  secession  move 
ment,  72. 

Burnett,  P.  H.,  as  lawyer,  116. 

Bush,  D.  B.,  and  Baker,  95. 

Butler,  B.  F.,  and  G.  F.  Hoar,  30. 

Byrne,  H.  H.,  as  lawyer,  115. 

Calhoun,  J.  C.,  and  admission  of 
California,  27;  death,  29. 

California,  military  and  financial  con 
tribution  to  the  Civil  War,  199, 
246,  251-254.  See  also  Baker,  Brod 
erick,  Gwin,  Politics,  Secession, 
Social  conditions. 

California  Regiment,  formation,  257- 
259;  status  and  official  name,  259; 
Baker  as  commander,  261;  affection 
for  him,  262,  276;  discourtesy  to 
Breckinridge,  263;  reminds  Lincoln 


of  absence  of  paymaster,  263;  re- 
connoissances,  264-267.  See  also 
Ball's  Bluff. 

Calif ornians,  native,  character,  8;  at 
titude  toward  National  Govern 
ment,  23,  211,  215,  219. 

Cameron,  Simon,  remonstrance  to, 
on  project  of  Texas  expedition, 
217;  and  Baker's  regiment,  258. 

Campbell,  Alexander,  as  lawyer,  116. 

Campbell,  T.  B.,  on  secession  senti 
ments  in  Oregon,  224. 

Camptonville,  Cal.,  affray  in,  17. 

Carleton,  J.  H.,  command  in  Cali 
fornia,  215. 

Carr,  M.  T.,  command  in  California, 
215. 

Casey,  Silas,  command  in  California, 
210. 

Cerro  Gordo,  battle,  104. 

Chauncey,  Henry,  Panama  Railroad, 
114. 

Children,  attitude  toward,  14. 

Choate,  Rufus,  in  Congress,  99  n.; 
and  duty  to  client  in  criminal 
case,  122. 

Churches,  California,  in  early  days, 
3;  loyalty,  242. 

Civil  War,  collection  of  revenue  in 
seceded  states  and  responsibility 
for,  179;  California's  military  and 
financial  contribution,  199,  246  n., 
251-253;  Baker's  control  of  raising 
troops  in  Oregon,  205;  reception  in 
San  Francisco  of  news  of  fall  of  Sum- 
ter,  209;  project  of  California  expedi 
tion  to  Texas,  216-219;  Baker  on 
subjugation  of  the  South,  232-235, 
302;  and  on  probable  reverses,  233; 
his  reply  to  Breckinridge  on  sup 
pressing  insurrection,  237-240, 295- 
305;  army  ration,  235,  236;  New 
York  meeting  after  fall  of  Sumter, 
Baker's  speech,  255-257;  Baker's 


INDEX 


351 


brigade,  259-264;  W.  F.  Smith's 
reconnoissances  before  Washing 
ton,  264-267;  Ball's  Bluff,  respon 
sibility  for,  268-277,  306-339.  See 
also  Secession. 

Clay,  Mrs.  C.  C.,  on  departure  of 
Southerners,  83. 

Coffroth,  J.  W.,  and  lack  of  respect, 
15. 

Cogswell,  Milton,  in  battle  of  Ball's 
Bluff,  272,  275,  327,  335. 

Coleman,  W.  T.,  vigilance  commit 
tee,  20. 

Colton,  Walter,  on  character  of 
miners,  4,  7;  on  cost  of  food,  5;  on 
natives,  8;  on  neglect  by  National 
Government,  23,  34. 

Communication,  isolation  of  Cali 
fornia,  effect,  4,  9,  85,  146;  discus 
sion  of  overland  mails  in  Senate, 
182;  protection  of  overland  routes, 
184;  overland  telegraph,  285.  See 
also  Pacific  railroad. 

Compromise  measures  of  1860,  Ba 
ker's  attitude,  177-179,  189-192, 
232. 

Compromise  of  1850,  26-29;  Baker's 
attitude,  107-109. 

Congress,  Compromise  of  1850,  26- 
29,  107-109;  Broderick  in  Senate, 
39-41,  45;  Broderick  and  Lecomp- 
ton  Constitution,  41-44;  secession 
conspiracy,  67;  Baker  in  House, 
100-103,106-113;  Baker's  position 
in  Senate,  163-165;  Baker's  speech 
on  secession,  170-180;  Pacific  rail 
road,  180-182;  Baker's  and  Pacific 
Coast  interests,  182-184;  discus 
sion  of  Merrill  tariff,  182-184;  Ba 
ker  and  compromise  measures  of 
1860,  189-192;  and  Lincoln's  extra 
legal  actions,  230,  231;  Baker  on 
subjugation  of  South,  232-235; 
his  reply  to  Breckinridge  on  sup 


pressing  insurrection,  237-240, 295- 
305;  tributes  to  Baker,  277-283. 

Constitutional  convention  of  Califor 
nia,  24-26. 

Cora,  Charles,  trial.  Baker's  defense, 
119-123. 

Corn  laws,  Baker  on  repeal  of  English, 
100. 

Cornelius,  T.  R.,  and  raising  of  an 
Oregon  regiment,  205. 

Courts.  See  Law  and  order,  Lawyers. 

Crime,  extent  and  protection  in  Cali 
fornia,  18-20,  vigilance  committees 
there,  20-22;  legal  ethics  in  crimi 
nal  cases,  120-122. 

Crittenden,  A.  P.,  secession  sentiment, 
74. 

Crittenden,  J.  J.,  on  Broderick,  62; 
and  protection  of  overland  route, 
184;  compromise  measures,  189, 
191. 

Currey,  John,  as  lawyer,  117. 

Curtis,  B.  R.,  on  Choate's  defense  in 
criminal  cases,  122. 

Curtis,  G.  T.,  ignores  California  and 
secession,  194. 

Daly,  R.  H.,  candidacy  for  judgeship, 
15. 

Dancing,  8. 

Davis,  Horace,  tribute  to  T.  S.  King's 
services  for  Union  cause,  244-246. 

Davis,  Jefferson,  resolutions  (1860), 
68;  duel  with  Bissell  prevented, 
113;  and  Pacific  railroad,  180. 

De  Courcy,  Dennis,  on  Ball's  Bluff, 
324. 

Democratic  Convention  of  1860,  at 
titude  of  Pacific  Coast  delegates, 
68. 

Democratic  Party.  See  Election, 
Politics,  Secession. 

Denver,  J.  W.,  and  Democratic  Con 
vention  of  1860,  68. 


352 


INDEX 


Devens,  Charles,  in  battle  of  Ball's 
Bluff,  271,  308,  313,  317. 

Diana,  steamer,  suspected  of  priva 
teer  preparations,  220. 

Dimmick,  J.  J.,  on  Ball's  Bluff,  324, 
327. 

Dixon,  James,  tribute  to  Baker, 
279. 

Doane,  Charles,  and  organization  of 
loyal  men,  242. 

Dolliver,  J.  P.,  on  Baker's  speech  on 
secession,  170. 

Doolittle,  J.  R.,  and  overland  mail, 
182. 

Douglas,  S.  A.,  Broderick  and  oppo 
sition  to  Lecompton  Constitution, 
42-44;  and  Baker,  94,  97,  100;  and 
inauguration  of  Lincoln,  192. 

Downey,  J.  G.,  attitude  toward  se 
cession,  76-78,  81,  218. 

Downey,  P.  J.,  on  Ball's  Bluff,  325. 

Doyle,  J.  T.,  as  lawyer  in  California, 
116. 

Dranesville,  Va.,  McCall's  reconnois- 
sance,  307. 

Dress,  characteristic  male,  9. 

Duels,  Broderick  -  Terry,  49-53; 
Baker's  opposition,  59,  113. 

Edgerton,  Henry,  on  Baker  as  orator, 
128;  and  Union  cause,  251. 

Edwards,  Ninian,  and  Baker,  92. 

Election  of  1856,  campaign  in  Cali 
fornia,  127-131. 

Election  of  1860,  Pacific  Coast  dele 
gates  in  Democratic  Convention, 
68;  campaign  on  the  coast,  68-71; 
Lane  as  Vice-Presidential  candi 
date,  138;  Baker's  campaign  in 
Oregon,  140-143;  conditions  of 
Republican  campaign  in  Califor 
nia,  144-147;  Baker's  speech  in 
San  Francisco,  147-161;  Republi 
can  success  on  the  coast,  161,  243; 


Republican  success  as  excuse  for 
secession,  179. 

Elson,  H.  W.,  libel  on  Baker,  196. 

Encyclopaedia  Britannica,  mistake  on 
Broderick,  199  n. 

Evans,  N.  S.  See  Ball's  Bluff. 

Evarts,  A.  W.,  acknowledgment  to, 
256  n. 

Evarts,  W.  M.,  on  New  York  meeting 
after  fall  of  Sumter,  256. 

Everett,  Edward,  on  Choate  in  Con 
gress,  99  n. 

Fandango,  8. 

Farragut,  D.  G.,  and  vigilance  com 
mittee,  20. 

Felton,  J.  B.,  as  lawyer,  115. 

Ferguson,  W.  L.,  death  in  a  duel,  48, 
59. 

Ficklin,  O.  B.,  and  Baker,  100. 

Field,  S.  J.,  on  naming  of  Marysville, 
12;  on  duties  of  alcalde,  13;  and 
Broderick  in  politics,  35;  Moore 
challenge,  36;  rescued  by  Broder 
ick,  37;  and  death  of  Terry,  49;  on 
California  and  secession,  202. 

Fillmore,  Millard,  and  admission  of 
California,  29. 

Fitch,  Thomas,  in  California  cam 
paign  of  1860,  145. 

Floyd,  J.  B.,  sends  arms  to  California, 
74;  assignment  of  Johnston  to  Cali 
fornia  command,  79,  81;  on  Lane's 
attitude  on  secession,  139. 

Food,  cost  in  California  in  early  days, 
5. 

Foot,  Solomon,  and  inauguration  of 
Lincoln,  192. 

Foote,  H.  S.,  as  lawyer  in  California, 
115. 

Forney,  J.  W.,  and  Baker's  poem, 
95. 

Francis,  Simeon,  Baker  memorial 
meeting,  286. 


INDEX 


353 


Franklin,  Sir  John,  Baker  on  relief 
expedition,  109-111. 

Frazier,  J.  W.,  on^Baker  and  his  regi 
ment,  262. 

Fremont,  J.  C.,  senator,  29;  campaign 
in  California  (1856),  127-131;  in 
San  Francisco  (1860),  153. 

Fugitive  Slave  Law,  Baker  on,  155, 173. 

Gambling,  10. 

Gilbert,  Edward,  first  representa 
tive,  29. 

Goodyear's  Bar.Cal.,  Baker's  political 
speech  at,  128. 

Gorham,  G.  C.,  and  McDougall, 
thrilling  scene,  76. 

Gorman,  W.  A.,  brigade  and  battle  of 
Ball's  Bluff,  269,  274,  315,  318,  321, 
324-332,  336,  337. 

Greeley,  Horace,  history  by,  ignores 
California  and  secession,  195. 

Grinnell,  M.  H.,  Franklin  relief  expe 
dition,  109-111. 

Gwin,  W.  M.,  first  senator,  29,  33; 
control  of  California  politics,  30; 
career,  30;  reelection  and  pledge  to 
Broderick,  39,  48,  55;  and  adminis 
tration's  and  Southerners'  hostility 
to  Broderick,  39;  and  opposition  to 
Pacific  railroad,  40,  75 ;  Broderick's 
treatment  in  Senate,  44;  Broderick's 
denunciation  in  state  campaign  of 
1859,  47;  foretells  secession  and 
seizure  of  public  property,  64; 
knowledge  of  plans  of  Secession 
ists,  65,  66;  McDougall  defies,  75; 
returns  to  Washington  (1860),  79, 
87,  163;  and  selection  of  Johnston 
to  command  Department  of  Pacific, 
79;  expects  success  of  secession  plot, 
82-84;  and  Baker  in  Senate,  169; 
arrested  on  shipboard,  228;  enters 
service  of  Confederacy,  228;  de 
stroys  papers,  228. 


Halleck,  H.  W.,  and  prohibition  of 
lottery,  10. 

Halsey,  G.  L.,  on  gambling,  11. 

Hammond,  J.  H.,  Broderick's  reply 
to  "mudsills"  speech,  40;  on 
Pacific  Coast's  support  of  the 
South,  68. 

Hancock,  W.  S.,  command  in  Cali 
fornia,  80;  on  secession  demonstra 
tions  at  Los  Angeles,  211. 

Harding,  B.  F.,  and  raising  of  an 
Oregon  regiment,  205. 

Hart,  A.  B.,  ignores  California  and 
secession,  194. 

Harte,  Bret,  and  Baker's  great  speech 
in  San  Francisco,  158;  poem  on 
California's  war  services,  253. 

Hastings,  S.  C.,  as  lawyer,  116;  on 
secession,  116. 

Hathaway,  B.  W.,  in  campaign  of 
1860,  150. 

Haun,  H.  P.,  on  death  of  Broderick, 
62. 

Hay,  John,  on  death  of  Baker,  275. 

Raymond,  Creed,  on  miners  and 
children,  14. 

Raymond,  Mrs.  Creed,  birth,  14. 

Hendrickson,  Thomas,  command  in 
Nevada,  221. 

Henry,  A.  G.,  on  secession  sentiment 
in  Oregon,  222. 

Hewitt,  Josephus,  Baker's  law  part 
ner,  94. 

Heydenfeldt,  Solomon,  as  lawyer, 
115. 

Hickman,  John,  and  Broderick  and 
Douglas,  44. 

Hinks,  E.  W.,  on  Ball's  Bluff,  310. 

Hittell,  T.  H.,  on  characteristics  of 
miners,  5;  on  a  fandango,  8;  on 
Downey  and  secession,  78;  on 
Baker,  149;  on  peril  of  secession  in 
California,  197. 

Hoar,  G.  F.,  anecdote,  30. 


354 


INDEX 


Hoge,  J.  P.,  and  Baker,  100;  as  law 
yer,  117. 

Holmes,  L.,  on  Baker,  163  «. 

Hoist,  H.  E.  von,  ignores  California 
and  secession,  194. 

Hopkins,  S.  A.,  Terry's  assault  on,  21. 

Hospitals,  in  early  days,  4. 

Howe,  Church,  at  Ball's  Bluff,  321. 

Hunt,  L.  C.,  command  in  California, 
213. 

Illinois,  lawyers  of  fourth  decade,  94. 
Indian  war  claim  of  California,  189. 
Internal  improvements,  Baker's  atti 
tude,  184. 

J.  W.  Chapman,  ship,  capture,  220. 

Jackson,  Captain,  departure  for  Con 
federacy,  encounter  with  Indians, 
340-342. 

Jayne,  Doctor,  on  Baker  as  orator,  96. 

Jenifer,  W.  H.,  on  Ball's  Bluff,  310. 

Johnson,  Andrew,  Lane's  reply  to,  on 
secession,  139;  and  compromise 
measure,  191. 

Johnson,  Reverdy,  in  California,  87, 
116;  and  Baker,  163. 

Johnston,  A.  S.,  assignment  to  com 
mand  of  Department  of  Pacific, 
79,  80;  and  secession  plot  in  Cali 
fornia,  81,  207,  249;  Baker  urges 
relieving,  202,  206;  relieved  by 
Sumner,  206;  resigns,  207,  250; 
return  east,  250. 

Johnston,  Alexander,  ignores  Califor 
nia  and  secession,  195. 

Kelley,  W.  D.,  on  Baker,  166. 

Ketchum,  W.  S.,  command  in  Cali 
fornia,  214. 

King,  Preston,  and  payment  to  Cali 
fornia,  189. 

King,  T.  B.,  President  Taylor's  envoy 
to  California,  26. 

King,  T.  S.,  arrival  in  California,  242; 


and  election  of  Lincoln,  243;  state 
wide  activity  for  Union  cause,  243- 
248;  Horace  Davis's  tribute,  244- 
246;  threats  against,  245;  and 
Sanitary  Commission's  work,  246; 
his  account  of  experiences,  246-248; 
and  completion  of  overland  tele 
graph,  285  n.;  tribute  to  Baker, 
288-291. 

Knights  of  the  Golden  Circle,  and 
secession  movement,  72;  in  Cali 
fornia,  219. 

Lander,  F.  W.,  goes  east  (1860),  87; 
and  Baker,  163;  on  Ball's  Bluff, 
328,  329. 

Lane,  J.  E.,  and  secession  movement, 
68,  138,  139;  senator,  136;  candi 
dacy  for  Vice-President,  138;  and 
Baker  in  Senate,  163,  169;  and 
Pacific  railroad,  181;  and  defenses 
for  Oregon,  183;  and  payment  to 
Nez  Perces,  183. 

Latham,  M.  S.,  and  secession,  46,  72; 
elected  governor,  46, 47;  and  Demo 
cratic  Convention  of  1860,  68; 
why  chosen  senator,  76;  character 
of  Unionism,  76;  on  Baker  as 
orator,  131,  239;  presents  Baker's 
credentials,  163. 

Law  and  order  in  California,  duties 
and  character  of  alcaldes,  13,  14; 
justice  and  sectionalism,  17;  crime 
and  its  official  protection,  18; 
'lynchings,  19;  vigilance  commit 
tees  in  San  Francisco,  20-22. 

Lawyers,  California,  in  sixth  decade, 
3,  115-117;  Baker's  contemporaries 
in  Illinois,  94;  his  practice  in  Cali 
fornia,  117-123. 

Lecompton  Constitution,  Broderick's 
opposition,  41-44,  57. 

Lee,  Mary  Ann,  marries  Baker,  100. 

Lee,  R.  E.,  and  state  sovereignty,  137. 


INDEX 


355 


Lee,  W.  R.,  in  battle  of  Ball's  Bluff, 
271,  275,  311,  326. 

Legislature,  California,  early  conten 
tions  in,  36,  48;  election  of  Broder- 
ick  and  Gwin  to  Senate,  39;  seces 
sion  sentiment  (1860),  74. 

Lendrum,  J.  H.,  command  in  Cali 
fornia,  212. 

Lewinsville,  Va.,  Smith's  reconnois- 
sance  (1860),  264. 

Libraries,  early,  in  California,  4. 

Lincoln,  Abraham,  rescues  Baker 
from  hostile  audience,  98;  and  im 
peachment  of  Pearson,  99;  candi 
date  against  Baker  for  congres 
sional  nomination,  100;  intimacy 
with,  and  trust  in  Baker,  100,  154, 
202,  204,  205;  and  Baker's  candi 
dacy  in  Oregon,  142;  on  sectional 
ism  of  Republican  Party,  154;  con 
ference  with  Baker  after  election, 
167;  inauguration,  192;  and  Cali 
fornia  patronage,  203-205;  Baker 
upholds  his  extra-legal  measures, 
230,  231;  offers  Baker  brigadier 
and  major  generalships,  240,  287; 

i  visits  Baker's  command,  263;  and 
death  of  Baker,  276,  278. 

Lockwood,  R.  A.,  as  lawyer,  116. 

Logan,  J.  A.,  and  Baker,  94,  97. 

Logan,  S.  T.,  Baker's  law  partner,  94. 

Lone  Mountain  Cemetery,  Baker's 
oration  at  dedication,  289. 

Los  Angeles,  secession  demonstra 
tions,  211. 

Lossing,  B.  J.,  ignores  California  and 
secession,  195. 

Lottery,  constitutional  prohibition  in 
California,  10,  11. 

Low,  F.  F.,  on  Broderick  and  Doug 
las,  44;  and  Baker's  removal  to 
Oregon,  134. 

Lower  California,  Confederate  plan 
against,  215. 


Lynch,  Jeremiah,  on  Broderick  as 
senator,  45;  on  Baker's  defense  of 
Cora,  120. 

McAllister,  Hall,  as  lawyer,  115. 

McCall,  G.  A.,  reconnoissance  to 
Dranesville,  268,  307;  movement 
and  battle  of  Ball's  Bluff,  307-310. 

McCIellan,  G.  B.,  on  Ball's  Bluff, 
312,  323,  328. 

McClernand,  J.  A.,  and  Baker,  94,  97, 
100. 

McDonald,  C.  B.,  on  Baker  as  ora 
tor,  129. 

McDougall,  J.  A.,  trick  in  election  to 
Senate,  16;  and  southern  control, 
31;  succeeds  Broderick  as  leader, 
74;  gives  Gwin  the  lie,  75;  and 
Baker  in  Illinois,  94,  95;  as  lawyer 
in  California,  117;  on  dangers  of 
Union  men  (1860),  200;  visits 
Baker's  regiment,  263;  tribute  to 
Baker,  281-283. 

McGee,  "  Billy,"  trial  for  assault,  17. 

McGowan,  Edward,  Broderick's 
henchman,  35. 

McMeans,  Doctor,  secession  plot, 
221. 

Mails  to  California,  infrequency,  3, 
4;  delivery,  9;  overland,  182.  See 
also  Communication. 

Mare  Island,  plot  of  Secessionists 
against,  221. 

Marysville,  Cal.,  naming,  12;  Baker's 
political  speech  (1856),  129-131. 

Mason,  J.  M.,  and  protection  of  over 
land  routes,  184. 

Mathew,  Theobald,  Congress  and, 
109. 

Maury,  R.  F.,  and  Baker's  election  to 
Senate,  143;  and  raising  of  an  Ore 
gon  regiment,  205. 

Merritt,  C.  M.,  on  Ball's  Bluff,  311, 
312. 


356 


INDEX 


Mexican  War,  Baker  in,  101-105; 
Baker  on  Taylor  in,  112. 

Miners,  characteristics,  4-8;  visits  to 
"the  Bay,"  11;  and  women,  12; 
attitude  toward  children,  14. 

Mix,  John,  on  Ball's  Bluff,  322. 

Money,  slugs  as  substitute,  34. 

Montgomery,  Zach.,  and  Baker  in 
campaign  of  1856,  130;  career, 
131  n. 

Moore,  B.  F.,  and  prohibition  of  lot 
tery,  10;  challenge  of  Field,  36. 

Moore,  Tredwell,  command  in  Ne 
vada,  222. 

Mormons,  disloyal  troops  of,  at  San 
Bernardino,  214. 

Morse,  J.  R.,  on  meeting  with  depart 
ing  California  Secessionists,  340- 
342. 

Mott,  Judge,  and  California  patron 
age,  204. 

Mott,  T.  P.,  in  reconnoissance  before 
Washington,  265. 

Mulligan,  Billy,  Broderick's  hench 
man,  35. 

Munson's  Hill,  Va.,  Smith's  reconnois 
sance  (1860),  266. 

Murray,  H.  C.,  as  lawyer,  115. 

Nagle,  David,  kills  Terry,  49. 

Nationalities,  effect  of  mixed,  in 
California,  1. 

Nesmith,  J.  W.,  elected  to  Senate, 
143;  on  secession  plot  in  California, 
201;  tribute  to  Baker,  278. 

Nevada,  secession  demonstrations, 
221. 

New  York,  reception  of  Major  An 
derson,  Baker's  speech,  255-257. 

Newspapers,  California,  in  early  days, 
3;  secession  sentiment,  73;  in  cam 
paign  of  1860,  146. 

Nez  Perces  Indians,  question  of  pay 
ment  to,  184. 


Offices,  civil,  on  Pacific  Coast,  control 
by  Southern  Democrats,  30,  39,  48, 
69;  patronage  under  Lincoln,  162, 
203-205. 

One  Hundred  and  Sixth  Pennsyl 
vania,  in  Baker's  brigade,  259. 

Oratory,  leaders  of  sixth  decade,  168. 
And  see  Baker  as  orator. 

Oregon,  in  election  of  1860,  68-70, 
148;  Baker  removes  to,  to  help 
Republicans,  133-135;  control  by 
secession  sympathizers,  136-140; 
slaves  in,  136;  Baker's  political  cam 
paign  (1860),  140-142;  Union  men 
elect  Baker  and  Nesmith  senators, 
142,  152;  question  of  defenses  for, 
183;  and  tariff  on  wool,  186,  187; 
Baker  and  raising  of  regiment  in, 
205;  secession  sentiment  (1861), 
222-224;  mourning  for  Baker,  286- 
288. 

Oroville,  Cal.,  secession  demonstra 
tion,  219. 

Overland  routes,  protection,  184. 

Pacific  railroad,  Gwin  and  opposition 
to,  40,  75;  Broderick's  advocacy, 
45;  Democratic  frustration,  156; 
Baker's  advocacy  in  Senate,  180- 
182. 

Panama  Railroad,  Baker  and  con 
struction,  114. 

Park,  T.  W.,  as  lawyer,  117. 

Parrish,  R.  A.,  in  Baker's  regiment, 
259. 

Patrick,  John,  on  Ball's  Bluff,  327. 

Patterson,  Robert,  and  Bull  Run, 
320  n. 

Peachy,  A.  C.,  as  lawyer,  116. 

Pearce,  J.  A.,  and  inauguration  of 
Lincoln,  192. 

Pearne,  T.  H.,  tribute  to  Baker,  286. 

Pearson,  John,  impeachment,  99. 

Peyton,  Balie,  and  Broderick,  38. 


INDEX 


357 


Phelps,  T.  J.,  on  Baker's  services,  226, 
278. 

Philadelphia  Fire  Zouaves,  in  Baker's 
brigade,  259. 

Pickett,  G.  E.,  command  in  California, 
213. 

Poetry,  Baker's,  95-97,  102;  Bret 
Harte  on  California's  war  services, 
253;  Taylor's  "Song  of  the  Camp," 
261. 

Politics  in  California,  resourcefulness, 
15;  tricks,  16;  protection  of  crimi 
nals,  19;  attitude  of  native  Cali- 
fornians,  23;  neglect  by  National 
Government,  23;  efforts  for  a  gov 
ernment,  24;  constitutional  conven 
tion,  24-26;  first  election,  26;  at 
titude  of  Taylor,  26;  struggle  in 
Congress  for  admission,  26-29; 
first  congressmen,  29;  control  by 
Southerners,  29-31,  69;  G  win's 
leadership,  30;  campaign  of  1859, 
45-48;  McDougall  as  Broderick's 
successor,  74-76;  Baker  and  patron 
age,  162,  203-205.  See  also  Brod- 
erick,  Election,  Gwin,  Secession. 

Polk,  J.  K.,  and  California,  24. 

Poore,  B.  P.,  mistake  on  Baker, 
199  n. 

Popular  sovereignty,  Baker  supports, 
188. 

Powell,  L.  W.,  on  Baker  in  Senate, 
165;  on  subjugation  of  the  South, 
233,  234. 

Prentice,  G.  D.,  on  Baker  as  orator, 
256. 

Prentiss,  S.  S.,  on  J.  G.  Baldwin,  116. 

Press,  Baker  on  freedom,  176. 

Price,  R.  M.,  and  prohibition  of  lot 
tery,  10. 

Railroads,  first  in  California,  85; 
Panama,  114.  See  cdso  Pacific  rail 
road. 


Ranches,  social  characteristics,  2. 

Randolph,  Edmund,  as  lawyer,  116. 

Rea,  A.  V.,  on  Ball's  Bluff,  324. 

Reconstruction,  Baker's  ideas,  195, 
233-235,  302. 

Republican  Party,  Baker  on  section 
alism,  153.  See  also  Election,  Poli 
tics,  Secession. 

Rhodes,  J.  F.,  on  California  and  Civil 
War,  198. 

Richardson,  W.  A.,  and  Baker,  95, 278. 

Richardson,  W.  H.,  killing  of,  by 
Cora,  119. 

Ridge,  J.  Y.  C.,  and  McDougall,  76. 

Ritman,  G.  L.,  in  battle  of  Ball's 
Bluff,  334. 

Roads  in  California,  condition,  4. 

Rotschoff,  Helene  de,  fandango  in 
honor  of,  8. 

Royce,  Josiah,  on  vigilance  commit 
tee,  21;  on  California  and  secession, 
198. 

San  Bernardino,  Cal.,  secession  de 
monstrations,  214. 

San  Diego,  Cal.,  preparation  against 
Secessionists,  215. 

San  Francisco,  arrival  of  mails,  9; 
gambling  and  dissipation,  11;  vigi 
lance  committee,  20-22,  123;  muni 
cipal  reform,  21;  Broderick  in 
politics,  34;  Broderick's  funeral, 
53-62;  lawyers  of  sixth  decade, 
115-117;  Baker  as  lawyer  in,  117- 
123;  reception  of  Baker  after  elec 
tion  to  Senate,  144,  147;  Baker's 
great  speech  (1860),  148-161;  pres 
entation  of  plate  to  Baker,  162; 
arrival  of  Gen.  Sumner,  207;  news 
of  fall  of  Sumter,  209;  news  of 
death  of  Baker,  285 ;  Baker's  funeral, 
288-291. 

Sanitary  Commission,  contribution  of 
Pacific  Coast,  253. 


358 


INDEX 


Santa  Barbara,  Cal.,  secession  senti 
ment,  214. 

Sargent,  A.  A.,  on  Baker's  services, 
227,  278. 

Satterlee,  John,  and  California  pat 
ronage,  204,  205. 

Sawyer,  Lorenzo,  as  lawyer,  115. 

Scannell,  David,  and  organization  of 
loyal  men,  242. 

Schools,  California,  in  early  days,  3. 

Schouler,  James,  on  California  and 
secession,  196. 

Science,  Baker's  apostrophe,  124. 

Scott,  C.  L.,  and  secession  move 
ment,  72. 

Scott,  W.  A.,  secession  sympathy, 
73. 

Scott,  Winfield,  and  A.  S.  Johnston, 
82,  203;  Cerro  Gordo,  103-105; 
loyalty,  138;  Baker  bears  message 
from  Lincoln  to,  168;  sends  Sum- 
ner  to  command  Department  of 
Pacific,  206;  and  Confederate  plan 
against  Lower  California,  215;  and 
California  expedition  to  Texas, 
216;  on  Gen.  Patterson  and  Bull 
Run,  320  n. 

Secession,  early  movement  in  Cali 
fornia,  24,  26,  29;  sentiment  there 
(1859),  46;  Gwin  foretells  (1859), 
64,  65;  conspiracy,  66;  conspira 
tors'  reliance  on  Pacific  Coast,  68, 
82-84;  secret  workings  in  Cali 
fornia  (1860),  71;  incitement  there, 
72-74;  in  legislative  debates  there, 
74;  attitude  of  Gov.  Downey,  76- 
78,  218;  significance  of  Johnston's 
assignment  to  command  Depart 
ment  of  Pacific,  79-82;  Johnston's 
conduct,  81,  207,  249;  military  re 
sults  if  the  coast  had  seceded,  85- 
87;  Baker  on  excuse,  154,  172;  Ba 
ker's  reply  to  Benjamin  on,  170- 
180;  right,  170-172;  Baker  and 


compromise  measures,  177-179, 
189-192,  232;  and  election  of  Lin 
coln,  179;  and  collection  of  revenue, 
179;  historians  ignore  conditions 
in  California,  194-199;  reality  of 
plot  there,  200-202;  Baker's  reali 
zation  of  danger,  202,  206,  226, 
227;  Sumner  relieves  Johnston, 
206-208;  why  Secessionists  failed 
to  act,  207;  crisis  on  coast  passes 
208-210,  249;  demonstrations  con 
tinue,  concentration  of  troops, 
210-217;  Unionists  carry  Califor 
nia  election  (1861),  216;  number 
of  Secessionists  there,  216,  217 
n.;  frustrated  operations  there, 
219-221;  demonstrations  in  Ne 
vada,  221;  conditions  in  Oregon, 
222-224;  in  Washington  Territory, 
224;  in  Arizona,  225;  Sumner's 
watchfulness  and  orders,  225,  226; 
Gwin  arrested,  228;  he  destroys 
papers,  228;  continuation  of  dan 
ger  on  the  coast,  229,  253,  303; 
supineness  of  California  Union 
men,  241;  beginning  of  Union  ac 
tivity  and  organization  there,  242, 
248;  loyal  influence  of  churches, 
242;  Union  services  of  T.  S.  King, 
243-248;  departure  for  the  Con 
federacy  of  California  Secession 
ists,  250,  340-342;  Union  control 
of  coast  assured,  251;  bitterness  of 
Secessionists,  342. 

Sectionalism  in  mining  region  of  Cali 
fornia,  17.  See  also  Secession. 

Seventy-first  Pennsylvania.  See  Cali 
fornia  Regiment. 

Seward,W.  H.,  and  admission  of  Cali 
fornia,  28;  on  Broderick,  62;  and 
Confederate  plan  against  Lower 
California,  216;  visits  Baker's  com- 
•mand,  263. 

Shafter,  J.  M.,  as  lawyer,  117. 


INDEX 


359 


Shatter,  O.  L.,  as  lawyer,  117. 

Sheridan,  P.  H.,  command  on  Pacific 
Coast,  80, 

Sherman,  John,  and  army  ration,  236. 

Sherman,  W.  T.,  and  vigilance  com 
mittee,  20. 

Shields,  James,  and  secession  move 
ment  in  California,  72;  and  Baker 
in  Illinois,  94,  97;  Cerro  Gordo, 
104. 

Sho waiter,  Dan,  captured,  251. 

Shuck,  O.  T.,  on  Baker,  117, 120, 147, 
149. 

Sickles,  D.  E.,  and  Broderick,  33. 

Simonton,  J.  W.,  and  California  pat 
ronage,  203. 

Sixty-ninth  Pennsylvania,  in  Baker's 
brigade,  259. 

Slavery,  and  admission  of  California, 
26;  Broderick's  opposition  to  Le- 
compton  Constitution  and  death, 
41-44,  56-58;  slaves  in  Oregon, 
136;  Baker  on  territorial,  155,  173; 
Fugitive  Slave  Law,  155,  173;  Ba 
ker  on  attitude  of  other  nations, 
156;  question  of  Northern  attack 
on,  in  states,  174,  175;  effect  of  cor 
don  of  free  states,  175.  See  also 
Secession. 

Slugs,  manufacture,  34. 

Smith,  Delazon,  senator  from  Oregon, 
136. 

Smith,  Robert,  and  Baker,  100. 

Smith,  W.  F.,  reconnoissances  before 
Washington,  264-267. 

Snyder,  J.  R.,  trial.  Baker's  defense, 
118. 

Social  conditions  in  California, 
uniqueness,  1;  mixed  nationalities, 
1;  influence  of  adventures,  2;  char 
acter  of  institutions,  3;  effect  of 
infrequent  communication,  4,  9; 
character  and  influence  of  miners, 
4-8;  character  of  natives,  8;  dress, 


9;  gambling  and  dissipation,  10,  11; 
attitude  toward  women  and  chil 
dren,  12,  14;  lack  of  respect,  15; 
crime,  18;  immunity  of  criminals, 
19;  irregular  justice,  19-22.  See 
also  Politics. 

Southerners,  control  of  California 
politics,  29-31,  69;  social  attitude 
in  Washington,  39;  departure  from 
Washington,  83.  See  also  Seces 
sion. 

Sparks,  E.  E.,  ignores  California  and 
secession,  195. 

Stanford,  Leland,  and  California  pat 
ronage,  204,  205;  governor,  251. 

Stanly,  Edward,  on  Baker's  funeral 
oration  on  Broderick,  53;  career, 
89;  on  Baker,  89,  117;  as  lawyer, 
117;  and  Union  cause,  251;  tribute 
to  Baker,  288,  289. 

State  sovereignty,  fallacy,  137;  Baker 
on,  170.  See  also  Secession. 

Stedman,  E.  C.,  on  C.  P.  Stone  as 
soldier,  277. 

Stevens,  J.  L.,  Panama  Railroad, 
114. 

Stidger,  Ex-Judge,  as  lawyer,  17. 

Stone,  C.  P.,  Ball's  Bluff,  268-277; 
loyalty,  277,  306;  review  of  respon 
sibility  for  battle:  movement  due 
to  ignorance  of  McCall's  retire 
ment,  307-310;  responsibility  for 
position,  310;  knowledge  of  inade 
quacy  of  means  of  transportation, 
310-313;  responsibility  for  Baker's 
crossing  and  attempt  to  advance, 
313-323,  336-338;  failure  of  left 
wing  to  cooperate,  324-332;  criti 
cism  of  Baker's  tactics,  332-335, 
338,  339. 

Stratton,  R.  E.,  on  secession  senti 
ment  in  Oregon,  223. 

Street,  C.  R.,  and  secession  move 
ment,  71. 


360 


INDEX 


Stuart,  C.  E.,  and  Lecompton  Con 
stitution,  42. 

Stuart,  J.  T.,  and  Baker,  94. 

Sullivan,  E.  L.,  presides  when  Baker 
speaks,  151. 

Sumner,  Charles,  on  Baker  in  Senate, 
165,  169,  280;  Benjamin's  attack 
on,  174;  and  tariff  on  old  books, 
187. 

Sumner,  E.  V.,  appointed  to  com 
mand  Department  of  Pacific,  206; 
arrival  at  San  Francisco,  207;  on 
demonstrations  of  Secessionists, 
concentrates  troops,  210-217,  221; 
and  project  of  expedition  to  Texas, 
216;  on  Secessionists  in  Nevada, 
222;  watchfulness,  characteristic 
orders,  225,  226;  returns  east,  ar 
rests  Gwin  on  shipboard,  227;  ser 
vices,  229,  244,  249;  on  attitude  of 
Unionists,  241. 

Sumter,  Fort,  news  in  California  of 
fall,  209;  effects  of  fall,  255. 

Swain,  R.  B.,  on  T.  S.  King's  expe 
riences,  246. 

Tariff,  Baker's  attitude  on  Morrill 
bill,  185-188. 

Taylor,  Bayard,  "Song  of  the  Camp," 
261. 

Taylor,  Zachary,  and  California,  26; 
death,  29;  Baker  and  political  cam 
paign,  105;  Baker  and  Cabinet  po 
sition,  106;  Baker's  eulogy,  111- 
113. 

Telegraph,  completion  of  overland, 
285. 

Territories,  Baker  on  slavery  in,  155, 
173;  Baker  supports  popular  sov 
ereignty,  188. 

Terry,  D.  S.,  arrest  and  discharge  by 
vigilance  committee,  20;  career, 
48,  abuse  of  Broderick,  49;  Brod- 
erick  duel,  50-52,  58-60;  arrest  and 


release,  52;  departs  for  Confeder 
acy,  250. 

Texas,  Twiggs's  surrender,  82;  project 
of  Confederate  expedition  to  Cali 
fornia,  216;  counter  project,  216- 
219. 

Theatres  of  California,  in  early  days, 
3. 

Thomas,  G.  H.,  loyalty,  128. 

Thomas,  Lorenzo,  and  Oregon  regi 
ment,  205,  206. 

Tilford,  Frank,  as  lawyer,  116. 

Tompkins,  C.  H.,  on  Ball's  Bluff, 
327. 

Toombs,  Robert,  Baker's  reply  to, 
107. 

Trumbull,  Lyman,  and  Baker,  94, 
97. 

Tulare  Post,  secession  sentiment,  73. 

Turner,  Vi.,  assault  on  Field,  37. 

Tuthill,  Frank,  on  news  of  fall  of  Sum 
ter,  209. 

Twiggs,  D.  E.,  treacherous  surrender, 
82;  Cerro  Gordo,  104. 

Van    Allen,  J.  H.,  on  Ball's  Bluff, 

311. 

Venable,  A.  W.,  Baker's  reply  to,  107. 
Vigilance    committee,    endeavor    to 

suppress,  20;  arrest  and  discharge  of 

Terry,  20;  effects,  21,  22;  Baker's 

opposition,  123. 

Walker,  William,  and  Broderick,  35. 

Wallace,  Joseph,  on  Baker's  appear 
ance,  165;  on  Baker's  conference 
with  Lincoln,  167. 

Wallen,  H.  B.,  command  in  Califor 
nia,  213. 

Ward,  J.  R.  C.,  on  Ball's  Bluff,  320. 

Washington  Territory,  secession  sen 
timent,  224. 

TVattrous,  C.,  and  California  patron 
age,  204. 


INDEX 


361 


Weber,  J.  B.,  assault  on  Baker,  98. 
Webster,  Daniel,    and    Compromise 

of  1850,  27. 
Weller,   J.   B.,   secession  sentiments, 

197. 
Welles,  Gideon,  as  Secretary  of  the 

Navy,  87. 
Wells,  Fargo  &  Co.,  as  letter  carrier, 

9. 

Wentworth,  John,  and  Baker,  100. 
West  Point,   character  of    training, 

319. 
Wilkes,     George,     and     Broderick's 

speeches,   45;  on  Baker's  funeral 

oration  on  Broderick,  53. 
Williams,  C.  H.  S.,  as  lawyer,  116. 
Williams,  G.  H.,  on  Baker  as  orator, 

132. 

Wilmot,  David,  and  Baker,  167. 
Wilson,    Henry,    Benjamin's   attack 

on,  174. 


Wilson,  Woodrow,  ignores  California 
and  secession,  195. 

Wise,  H.  A.,  on  secession  conspiracy 
(1858),  66,  67. 

Wistar,  I.  J.,  in  Baker's  regiment, 
258,  259;  in  battle  of  Ball's  Bluff, 
270,  313;  wounded,  273. 

Women,  attitude  toward,  12. 

Woods,  S.  D.,  on  Baker,  89. 

Wool,  J.  E.,  and  vigilance  committee, 
20;  and  Baker's  regiment,  258. 

Wool,  Baker  and  tariff  on,  186,  187. 

Wright,  G.  W.,  first  representative, 
29. 

Wright,  George,  command  in  Oregon, 
213,  224;  in  command  of  Depart 
ment,  227;  services,  229,  251. 

Yates,  Richard,  and  Baker,  95. 
Young,  F.  G.,  at  Ball's  Bluff,  270, 
274,  314,  326. 


CAMBRIDGE  .  MASSACHUSETTS 
U    .    S    .    A 


ETURN     CIRCULATION  DEPARTMENT 

0— *•      202  Main  Library 


DAN  PERIOD  1 
HOME  USE 

2 

3 

5 

6 

ALL  BOOKS  MAY  BE  RECALLED  AFTER  7  DAYS 

1  -month  loans  may  be  renewed  by  calling  642-3405 

6-month  loans  may  be  recharged  by  bringing  books  to  Circulation  Desk 

Renewals  and  recharges  may  be  made  4  days  prior  to  due  date 


DUE  AS  STAMPED  BELOW 


UNIVERSITY  OF  CALIFORNIA,  BERKELEY 
3RM  NO.  DD6,  60m,  12/80        BERKELEY  CA  94720 


LD  21A-50m-12,'60 
(B6221slO)476B 


U.C.BERKELEY  LIBRARIES 


THE  UNIVERSITY  OF  CALIFORNIA  LIBRARY 


» 


